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Columbia Personal Injury Attorney > Blog > General > What to Expect in a Child Injury Case

What to Expect in a Child Injury Case

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Children spend about a third of their lives under the protection of a teacher, priest, coach, or other non-parent adult. Sometimes, these adults negligently allow injury, Other times, they intentionally cause injury. Negligence is basically a lack of care. People are responsible for their mistakes, if these mistakes cause injury. An intentional tort is basically a deliberate act that causes injury. The act, not the injury, is intentional. Although these claims are very different philosophically, they’re basically the same procedurally.

Children are quite vulnerable, physically, mentally, and emotionally. Therefore, a slight injury usually has dire consequences. A Columbia child injury attorney obtains the compensation these families need to face the future. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Presuit Negotiations

Frequently, medical treatment is at least substantially complete within a few months. At that point, a Columbia personal injury attorney usually opens settlement negotiations with the other party. This other party is usually an insurance company.

Sometimes, child injury cases settle quickly. The victims are very sympathetic. No insurance company wasn’t to be the “tightwad” company that made a low-ball offer to a seriously injured child.

However, that’s assuming key legal issues, such as liability (legal responsibility for injury) and damages (amount of compensation) are undisputed. Very few issues are undisputed when insurance companies get involved.

Filing Legal Paperwork

So, to jumpstart stalled negotiations, as well as pressure the insurance company to make a deal, a Columbia personal injury lawyer typically files legal paperwork. In response, the defendant usually files procedural motions, hoping to get the case thrown out of court before a judge or jury addresses its merits.

Statute of limitations arguments in child sex abuse cases are a good example. A few states, most notably Maryland, have weakened or abolished the SOL in these cases, which is usually two years.

The brain suppresses traumatic memories. Therefore, most victims go through decades of therapy before they piece together what happened to them, and who was responsible. By the time enough evidence is available to file a legal action, the SOL has passed.

The delayed discovery rule usually comes into play in these cases. In South Carolina, injury victims have two years to file legal claims starting from the time they “discover” their injuries. 390

Discovery

Attorneys also file legal paperwork to trigger the discovery requirement. The court orders both parties to put all their cards face-up on the table, in terms of their claims and defenses.

Evidence obtained during discovery usually bolsters the victim’s case. Most defendants conceal damaging evidence as long as possible. Additionally, discovery gives an attorney a preview of the other side’s case, making it easier to refute any legal defenses.

Resolving the Case

Usually, the last thing anyone wants is for a child to take the witness stand, relive the traumatic injury, and face aggressive questioning from another lawyer. That’s the main reason attorneys work so hard to obtain favorable settlements in child injury cases.

Informal negotiations, which were mentioned above, usually pick up steam after a lawyer files a legal action. In the event these talks stall or break down, most Richland County judges appoint mediators.

These professionals work with both sides, usually during a marathon daylong negotiating session, and help them resolve their differences. Experienced and capable mediators usually resolve about 90 percent of the cases they handle.

Count on a Savvy Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. Virtual, home, after hours, and hospital visits are available.

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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.

Dedicated

We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win*

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

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