Legal Question in Civil Litigation in South Carolina
Awards When A Child Is the Plaintiff
My daughter, who is a minor, was burned on Halloween in 2001 by some candles that were lit on the front porch area of the home where she was trick-or-treating. Her costume caught fire and she suffered 2nd and 3rd degree burns. We are suing the homeowner's insurance company and the costume maker's insurance company. When the case is settled, in the state of S.C., will the monetary rewards be placed in an account for her being unattainable to us (her parents), or will we (as her parents) be given the rewards to keep for her?
2 Answers from Attorneys
Re: Awards When A Child Is the Plaintiff
As a general response to your question, you are pursuing claims for your child's injury. Since it is her injury, she is entitled to the compensation for the injury. As her parent, it is your obligation to provide for her until she reaches majority; therefore, personal injury settlment funds are generally not available to a parent to provide for basic necessitites. If the Court determines that you can recieve the funds on her behalf, you are normally charged with the duty to maintain those funds for her until she reaches majority. The are a variety of options the Court can impose to protect the funds (guardianship of property, trust funds, annuities etc.) You may also have a claim arising from her injuries for medical cost you have paid etc. You should discuss this directly with any attorney handling your lawsuit. If you don't already have an attorney, I would suggest that you contact an attorney immediatly because the claims you are pursuing or intend to pursue are complex.
Re: Awards When A Child Is the Plaintiff
That will depend on a number of factors, including how much money you settle for. Assuming you have an attorney, he or she would be in the best position to answer that question.
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