A parent or legal guardian filing a claim for their child’s injuries should know that a minor is entitled to recover all expenses related to the accident as well as future economic and noneconomic losses. In other words, the at-fault driver’s insurance company is required to make the victim whole, or be left in the same condition as they were before the accident.
Economic losses include medical expenses, such as ambulance rides, emergency room care, surgery, follow-up doctor’s appointments, and prescription drugs. Medical costs also include future treatment, such as physical therapy and ongoing care, and medical appliances, such as crutches and wheelchairs. In the case of a permanent serious injury, a child may also recover damages for diminished earning capacity, which limits the child’s ability to work and earn a living as an adult.
In addition to economic costs, a minor can also recover noneconomic losses, including pain and suffering, trauma, and diminished quality of life. Damages for past and future pain and suffering can be substantial in the case of a catastrophic or lasting injury to a child (e.g., burns, spinal cord injuries, or traumatic brain injuries), but temporary injuries, such as whiplash and broken bones, also require compensation.
When calculating the value of future losses, keep in mind that the more years the victim will be affected, the greater the loss. If the victim is a young child, for example, they will suffer the effects of a car accident for far longer than an older adult—their damages should reflect that.
In certain situations, a child may be entitled to punitive as well as compensatory damages. For example, if the child’s injuries were caused by a drunk driver, Georgia law allows the jury to award punitive damages to punish and deter the driver.
You should know that a punitive damages claim is often worth much more than a compensatory claim, and the at-fault driver’s insurance company is required to pay both, up to the liability limit in the policy, to settle the case. If the insurance company refuses to exhaust the policy to settle a valid demand, a jury is not limited by the terms of the insurance policy when awarding damages at trial.