How Long Does Your Minor Child Have to File their Personal Injury Case in South Carolina?


Personal Injury

Thousands of children suffer a personal injury every year in this country. In fact, according to the CDC, more than 9 million young people aged 0-19 are treated in emergency rooms every year. These cases typically involve unintentional injuries. And more than 12,000 young people in the same age group die every year from these sorts of injuries.

It’s not surprising that a majority of these cases involve children who were injured in motor vehicle accidents. This would include any or all of the following types of accidents:

  • Car accidents (as a driver or a passenger)
  • Bicycle accidents
  • ATV or motorcycle accidents
  • School bus accidents
  • Pedestrian accidents
  • Hit and run accidents

The leading cause of death for people between the ages of 5-19 are, in fact, transportation accidents. But there are other types of unintentional injuries that these kids suffer. Some of these are:

  • Drowning accidents and deaths
  • Suffocation (especially for kids under the age of 5)
  • Poisoning
  • Burns and fire injuries

If your child is injured in any of these ways, they may have a potential claim for damages. Of course, they’re likely going to need to hire an experienced personal injury lawyer in Greenville in order to file their claim. And, their lawyer will still have to prove their case just like any other plaintiff. If your child is hurt, it’s a good idea to talk to one of our skilled injury lawyers in South Carolina right away. The last thing you want to do is miss the statute of limitations deadline and have your child’s case dismissed.

Can You Sue in Your Minor Child’s Name in South Carolina?

If your child is injured, it makes sense that you would want to pursue a legal claim right away. In South Carolina, you have two (2) options. As the parent, you can certainly file suit on your child’s behalf. You’re their legal guardian and you are expected to act in their best interest. Of course, if this is what you intend to do, the suit will be filed on your child’s behalf. Any money that is received as a result of the lawsuit is for your child – not your family. It’s important to understand that any damages are intended to go to the plaintiff – the injured party.

The other option available to a minor plaintiff is they can wait to file suit until they reach the age of eighteen (18). If there isn’t anyone who can serve as the child’s guardian, they can either have a guardian appointed by the court or wait and sue in their own name. If this is the option they choose, they’ll only have one year (1) from the date of their 18th birthday to file suit. Otherwise, they’ll exceed the statute of limitations deadline and their case will be dismissed.

Call and Schedule Your Free Initial Consultation with an Experienced Personal Injury Lawyer in Greenville Right Away

If your child is hurt in any sort of accident, they may have a claim for damages. In most cases, the child’s parents file their claim for them. They hire an attorney and they’ll try to negotiate a settlement of your child’s claim. If this isn’t possible, they can file a lawsuit in their name. The question is whether you intend to file suit as your child’s guardian or not. Your child has the option of filing suit in their own name. However, they can’t do that until they turn eighteen (18). And, if they choose to do this, they need to do so within one (1) year of turning 18.

There aren’t many reasons why you’d want to wait until your child turns 18 to take legal action. The longer your child waits to pursue their claim, the longer it’ll take to get the compensation they deserve. It makes more sense to get money now rather than wait. Either way, you’re going to want the help of a skilled South Carolina personal injury lawyer. Call today and schedule your free initial consultation with our office. You can sit down with an experienced attorney who can answer any questions you may have. You can also decide if your child wishes to wait and file their claim when they reach the age of majority or if you wish to file suit on their behalf now.

Call and set up a date and time that works for your family. And remember – you don’t pay anything until the case is settled. We can also conduct your consultation via telephone if need be.