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A child’s injury can suddenly change everything. Understanding liability and your legal rights can help you assist your child in these situations.
Our experienced Columbia personal injury lawyers at Shealey Law Firm discusses the common causes of child injuries in Columbia, SC, and what you need to know if your child is hurt.
Most Common Causes of Child Injuries in Columbia—Injury Statistics
According to the South Carolina Department of Public Health, there were 6,940 childhood injuries reported in Richland County, including Columbia, SC, in one year.
Most Common Causes of Non-fatal Child Injuries in Richland County, including Columbia, SC
Falls are the leading cause of injury in children in Richland County, as are accidents, including motor vehicle accidents. Here are the leading causes of non-fatal injury in children ages 0-17 in Richland County in one year:
Chart—Richland County, SC Most Common Causes of Injury in Children
| Cause of injury | Percentage of total injuries |
| Falls | 25% |
| Natural, environmental | 15% |
| Struck by, caught in accidents | 15% |
| Motor vehicle crashes | 10% |
| Sports, recreation | 9.6% |
| Overexertion | 5.6% |
| Piercing, cutting | 5.2% |
| Foreign body | 3.9% |
Source: South Carolina, Office of Public Health, Injury County Profile
Leading Causes of Injury-related Death in Children in South Carolina
The South Carolina Department of Public Health reports the following causes of death in children ages 0-17 in one year in SC.
Chart – South Carolina, Causes of Death in Children
| Cause of death | Percentage of total child deaths |
| Motor vehicle crashes | 25% |
| Homicide | 17% |
| Suffocation | 16% |
| Drowning | 9.0% |
| Self-harm | 8.5% |
| Pedestrians | 7.3% |
| Undetermined | 5.6% |
| Firearm, accidental | 3.4% |
| Transportation, besides motor vehicles | 2.3% |
| Poisoning | 2.3% |
| Falls | 1.1% |
| Fire | 1.1% |
Source: South Carolina, Office of Public Health, Injury County Profile
According to the CDC, the leading causes of death for children ages one to 14 are accidents, intentional self-harm, and cancer.
School and Daycare Injury Liability in South Carolina
A school or daycare may be liable for a child’s injuries, depending on the underlying reason or reasons that the injury occurred. The facility may be responsible for negligence or more serious misconduct. Negligence can be direct, such as failing to secure a loose object that falls and strikes a child. It may also be indirect, such as negligent hiring or inadequate staffing that ultimately exposes a child to harm.
The South Carolina Tort Claims Act (SCTCA), which applies to claims against public schools, creates slightly different claim procedures than personal injury claims and imposes damage caps.
Playground, Sports, and Recreational Injuries
A child injury claim in Columbia may be based on playground, sports, and recreational injuries. Even if you sign a waiver, your child may have the right to compensation. Determining liability requires investigating how the injury occurred.
Can Parents Sue for a Child’s Injury?
Yes, parents may file a lawsuit for an injured child. Children themselves cannot sue, so a parent must file the case for them if they want to file before age 18.
How It Works to Sue on Behalf of a Child in South Carolina
There are some special procedures when a claim involves a child victim. These procedures are intended to protect the child’s interests.
Parents can initiate the process by filing a lawsuit as the next friend of the minor. If the minor does not already have a guardian ad litem, the court will appoint one. This guardian ad litem must not have any conflicting interests with the minor. Typically, an attorney is needed for the case; however, if the guardian ad litem is an attorney, an additional attorney is not required.
In addition to rules for starting and managing the case, there are special rules for how personal injury settlements are handled for children. These rules ensure that a settlement is fair and that the funds are managed for the child’s best interests. There are often long-term reporting requirements, and a bond may be required to ensure that funds are used appropriately.
Note: There is a different statute of limitations for medical malpractice. Never wait to contact a lawyer if your child is hurt.
How Negligence Is Proven in Child Injury Cases
Evidence is needed to prove negligence in child injury cases. Evidence may include:
- Witness testimony
- Participation logs, event activity logs
- Employee records
- Surveillance video, phone video
- Photographs of injuries
- Accident and collision reports
- Reports of similar injuries and incidents
- Medical records
- Expert testimony
- Accident reconstruction
- Admissions from the defense
- Inspection, object testing
Minors, including the child victim, can testify. The jury may evaluate their memory, truthfulness, point of observation, and other factors.
An attorney can help you prepare the best evidence for your child’s claim.
What Damages Can Be Recovered for an Injured Child?
When a child is injured, the damages can be particularly significant due to their youth. A child may be eligible for compensation covering medical bills, pain and suffering, cost of care, and other losses.
Why You Should Speak with a Columbia Personal Injury Attorney
Your child’s injury will impact their life. Speaking with a Columbia personal injury attorney can give you insight into your child’s situation and help you understand their rights. You can also learn how a personal injury lawyer can help.
Shealey Law Firm handles child injury claims in Columbia, SC, and the surrounding areas. Call or message us now.