Calculating a Settlement for a Child Injury

Calculating a Settlement for a Child InjuryAccidents happen, as any parent will tell you. No matter how careful and protective you may be, it’s nearly impossible to completely safeguard your child from all damage that may come their way. Data from the National Center for Injury Prevention and Control suggests that more than 8,000 children are admitted to the hospital each year as a result of falls, roadway accidents, choking, and burn injuries, many of which are the consequence of the careless and negligent actions of others.

Whether it’s because of poor supervision at school, irresponsible healthcare management, or defective products and equipment, you have the right to hold the at-fault party accountable and seek compensation for all losses caused by your child’s injury. If you do decide to pursue reparations from the at-fault party, it’s reasonable to consider how much your case might be worth. We’ve broken down everything you need to know.

What Factors Determine How Much Your Child’s Personal Injury Case Is Worth?

Determining an exact dollar value before your case begins and a lawyer investigates the details of your child’s injury would be unfeasible. Needless to say, every case of this nature is distinct and will have a different outcome based on the circumstances of the lawsuit.

Nevertheless, while every child injury case is unique, there are few elements of your case that you can look to as you try to determine its worth. The amount of compensation you’ll collect after your child’s injury case often depends on the costs associated with medical bills and liens, therapy and rehabilitation services, attorney fees, client expenses, and loss of earnings. You may also want to keep in mind the following elements:

The Severity and Type of Injury

The severity and type of injuries your child suffers have a direct impact on the medical expenses required to treat the injury and thus, the value of a case. Ultimately, the court makes this determination depending on past and future medical expenses that encompass hospitalization, revision surgeries, rehabilitation, prescription medication, and doctors’ visits.

The Level of Pain and Suffering

The law also recognizes the reality that an injury of this nature may inflict substantial damages that don’t necessarily come with an attached price tag. Such losses are generally referred to collectively as “pain and suffering damages,” but they’re not limited to physical pain. This may include mental trauma or emotional anguish, serious inconvenience, the loss of ability to enjoy customary activities, and missed events and opportunities resulting from the injury.

These types of non-economic recompenses are harder to determine and depend largely on a lawyer’s research, experience, and assessment of the case as well as the verdict of a third-party expert.

Punitive Damages

In cases where the defendant’s conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages. This money may be included to punish the defendants for intentionally harmful or careless behavior and to discourage others from committing similar acts.

Other Considerations

Other factors that might impact the value of your child’s personal injury settlement include:

  • The credibility of your witnesses
  • Whether your witnesses are biased or tell conflicting stories
  • A lack of medical records to document your child’s injuries
  • Whether your child shares liability for any part of the accident
  • Whether any pre-existing conditions could have contributed to your child’s injuries
  • If there is other evidence to corroborate witness testimony such as photographs of injuries or property damage
  • Admissions from the other party as to liability

Likewise, evidence is critical to proving your loved one’s case. Without demonstrating that something happened, judges can’t lawfully order opposing parties to pay recompense for damages. A trusted child injury lawyer will work toward meeting your burden of proof as you pursue compensation.

Contact an Experienced Child Injury Lawyer at The Umansky Law Firm

When someone is responsible for injuring a child, it’s important to protect that child’s rights. Successfully pursuing a claim on behalf of a child requires a lawyer who’s familiar with the laws and procedures surrounding the representation of a child and obtaining a monetary settlement on a minor’s behalf. Likewise, a trusted child personal injury attorney will best be able to provide you with an estimated value for your case while it’s in its early stages. That’s where we come in.

At The Umansky Law Firm, our skilled child injury lawyers will fight to help you obtain the full and fair compensation you deserve. With over 100 years of combined legal experience, our team has the time and expertise to launch an investigation into your case and the circumstances leading up to the injury. We’ll work tirelessly to fight for your rights. Give us a call at (407) 228-3838 or complete our online contact form to receive a free consultation.


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