The factors you would consider when determining the value of a child injury claim are a bit different than what you would consider for an adult injury claim. The main difference is that with a child, many monetary factors are not dealt with the same way, including estimating future expenses when a child does not have a work history but their injury will prevent them from working later in life.
Your child injury attorney can look at the specifics of your child's injury and accident and help you determine the types of compensation to seek and what evidence you'll need to prove those expenses.
Some Factors that May Affect the Value of a Child Injury Claim
- medical expenses
- emotional therapy/counseling for your child
- physical therapy
- ongoing care for your child's injury (if long-term or permanent)
- permanent disability and disfigurement
- loss of quality of life (damaged social and academic experiences)
- emotional suffering (stress and insecurity)
Since insurance adjusters typically compute non-monetary damages such as loss of quality of life and emotional suffering, the importance of having a child injury attorney to help represent the best interests of your child is paramount. Without the help of an attorney, the value of a claim could be significantly underestimated and you could end up accepting an offer for well below what your claim is worth.
It's also important to be aware of the restrictions and specific considerations present in Florida child injury claims. For example, settlements over $15,000 may require court approval. Additionally, settlements or awards over $15,000 may be put into a restricted bank account that could require a court order or similar petition to withdraw any funds. Your attorney can explain how these restrictions may impact your case.