While the statute of limitations is only 2-3 years for adults in South Carolina, children generally have until age 19 to file a lawsuit. When it comes to a personal injury action, there are often two claims: one for the parent and one for the minor. The parent has a claim for all medical bills related to the accident, while the minor has a claim to recover compensation for everything else (e.g. physical pain; lost quality of life; suffering). In these scenarios, the parent only has 2 years to recover the medical expenses in a claim against a governmental defendant or 3 years as against a non-governmental defendant. However, the parent could conceivably wait several more years to file a personal injury lawsuit seeking damages for pain and suffering on behalf of their minor child. Likewise, if no such action was taken by the parent, the child would likely have until age 19 to pursue compensation themselves.
As a parent, you have the right to seek and receive justice behalf of your minor child. The dangerous drivers and businesses who cause your son or daughter harm must be held accountable for the hardship they have caused your family - or they are all the more likely to do it to someone else. Even though you may have longer to file a claim or lawsuit in the event of an injury to your child, please do not wait on an insurance carrier for justice.
Personal injury actions - especially those involving children - are often highly nuanced, emotionally taxing, and at times, expensive. Rather than shoulder that burden on your own, I encourage you to at least find out how we can help. For free answers to your questions, call me today at 803-790-2800. I handle child injury cases across South Carolina, and look forward to speaking with you.