I represent lots of children, which means I meet with lots of parents. The focus is always the young person's health and well being. A secondary concern is whether mom and dad are entitled to compensation for losses arising from their child's accident. The answer is "yes and no."
Parents Can Make a Claim for Their Child's Medical Bills
South Carolina law allows parents to make a claim for any medical bills their son or daughter incurs. For instance, if your child has a $30,000 hospital charge, you could recover that portion of the claim (fyi: don't let an insurance adjuster tell you that you can only recover the co-pays). Likewise, your child is permitted to recover money for their physical pain, lost quality of life, impairment, and other non-medical losses.
Bystander Liability and Child Injury Cases in South Carolina
Conversely, parents do not receive money for the time they miss from work or the stress they experience due to their child's injury. The only exception in South Carolina is when the parent actually witnesses the accident. This is known as "bystander liability" because the negligent party is liable not only for the child's injuries but also the shock that comes to the parent who sees their son or daughter get hurt.
Injuries to children often take a financial and mental toll on families. You do not have to bear that burden by yourself. I help injured children and their families across South Carolina, and I am here to help you as well. Call my office today for a free consultation at 803-790-2800, or you can start a live chat with us right now.