Determining the value of damages for a child’s injury may be particularly complex. Your attorney may work with medical and economic experts to ensure full and fair compensation for the child and their parents.
First, it is vital to establish the ongoing physical and emotional impact of the harm. Generally, the goal is to provide compensation for the physical, mental, emotional, and other forms of harm suffered.
Economic damages are out-of-pocket losses that result from the injury. These include medical expenses as well as other monetary losses. Injured children can also pursue recovery for any decreased earning capacity or loss of future earnings that they will experience after reaching 18 years old.
Non-economic damages, sometimes referred to as general damages, include pain, suffering, and mental anguish. These are highly subjective and more challenging to value. The court may award punitive damages if the injured party can show clear and convincing evidence that the person at fault showed a “deliberate disregard for the rights or safety of others.”
The injury may also impact the family finances. For example, a parent may have to stop working, either temporarily or permanently, to care for the child and attend medical appointments.