How do pre-existing injuries affect a Charleston child injury claim?
The biggest money mistake is letting the insurer use your child's old MRI, therapy notes, or prior diagnosis to pretend the new crash caused nothing. In South Carolina, that is not the rule. If a driver's negligence in Charleston aggravated a pre-existing condition, the claim can still include the worsening they caused. The basic rule is often called the eggshell plaintiff rule: the at-fault person takes the injured child as they were, not as a perfectly healthy child.
What should have happened right after the crash: the new symptoms should have been documented fast and tied clearly to the incident. If your child was hit while biking or riding near US-17, or in low visibility on I-26 during coastal fog, the medical record should say what changed after this crash: more pain, new limits, new headaches, new anxiety, more treatment, or a setback in recovery.
What to do now: gather the timeline. Get the crash report, all records from before and after the wreck, imaging, school or sports restrictions, and notes showing your child's baseline before the collision. Ask providers to be specific about aggravation, not just "history of injury." If the insurer asks for broad medical authorizations, be careful about handing over every record without limits; carriers often search years back to blame the entire condition on the past.
What comes next: the insurer will likely argue "same injury, no new damage." Your response is proof of the difference. In South Carolina, damages can cover the additional harm caused by this crash, even if your child was more vulnerable than another child would have been. If a lawsuit becomes necessary, the usual personal injury deadline is 3 years under South Carolina law, though claims involving minors can have different timing issues.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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