Nobody ever wants to imagine their child getting hurt at school or daycare. Sadly, however, it happens. When it does, you need to have someone to turn to. You need somebody who can help you get justice for your child. You need a personal injury lawyer in South Carolina.
For any personal injury case, you need to prove the following:
- The other party owed the victim a duty of care
- This duty was breached
- This breach injured the victim
In a case involving a child injury, you have to prove the facility owed your child a duty of care. You must then show that they breached this duty. Finally, you have to show that this breach caused injury to your child.
An experienced personal injury lawyer in Greenville will help you. They understand the laws in South Carolina. They know what it takes to prove a child injury case.
What is a Daycare or School’s Duty of Care in South Carolina?
The daycare or school’s duty of care in South Carolina is similar to most states. When you drop off your child, you can expect the childcare workers will keep them safe. The daycare or school owes the degree of care they’d be reasonably expected to take to prevent foreseeable harm. It isn’t hard to prove that the daycare or school owed your child a duty of care.
Proving that this duty was breached is a bit hard. It all depends on the circumstances of your case.
When it comes to a child injury, you have to ask a few questions:
- Were the childcare employees paying attention to your child?
- Were the children under supervision?
- Did an employee act outside their scope of employment?
These are questions your attorney and the attorney for the other party will ask. If your child was hurt because of negligence on the part of the daycare or school, they will be liable.
What Kind of Harm is Foreseeable at a Daycare or School?
In order to be held liable, your child’s injuries must be “foreseeable”. The question is one of common sense:
- Would a reasonable person expect the injury to have been possible?
- Was the harm preventable?
- Were the circumstances so unique that nobody could have seen it coming?
There are some things that a school would not be expected to foresee. Examples of this could be a child with an undisclosed, strange medical condition. Any good personal injury lawyer in South Carolina would be able to prove negligence in common sense cases.
Some common types of injuries that are “foreseeable” are:
- Falling off playground equipment
- Burning yourself by hot spilled coffee
- Choking on small toys
Any injury that a normal person could have foreseen would have coverage. Your personal injury attorney will seek damages for your child’s injuries.
How Can a Greenville, SC Personal Injury Attorney Help?
Not only do attorneys know the law, they know how the system works. They deal with insurance companies every day. They know how to negotiate to try to settle your case.
Your case may entitle you to the following types of compensation:
- Current medical bills
- Future medical bills
- Lost wages while you’re caring for your injured child
- Pain and suffering
Some states allow pain and suffering. South Carolina is one of these states. The law in South Carolina allows victims to collect money for past, present and future pain and suffering. The daycare center or school will be responsible for paying these damages. Your personal injury lawyer in Greenville will file a claim against their insurance company. If the damages exceed their coverage, he will pursue them directly for damages.
Contact a Personal Injury Lawyer in Greenville
If your child has injuries in an accident at his daycare or school, you need help. You need to contact a personal injury lawyer in Greenville, South Carolina. The attorneys at Brumback & Langley have decades of experience in personal injury law. They have handled child injury cases before. They know what it takes to win your case.
Right now, you need to focus on taking care of your child. Your family needs to come together now and make sure your child is okay. Let the attorneys at Brumback & Langley focus on the legal side of things.
Contact the office today and schedule your free initial consultation. You pay nothing to meet with their attorneys. If they accept your case, they will work hard to get you justice. They will fight to get you the compensation you deserve. Remember, you pay nothing until you win your case.
