Determining the type of physical and mental damages that a child may suffer in the future is very important in an accident claim. If the damages aren’t addressed and the case is settled, it will be too late to receive additional personal injury compensation. This is why it’s advantageous to fully examine the future effects of the accident and to discuss the case with an attorney.
Determining Compensatory Damages in an Accident Claim
The amount of personal injury compensation sought in a claim will depend on the severity of the child’s injuries and the extent to which they will impact the child in the long-term. Most common are claim damages for medical costs. The initial treatment received is fairly easy to compute once the bills accumulate.
If a doctor has indicated that the following will be necessary in the future then you will need an estimate of all the costs:
- hospitalization; or
- physical therapy.
This can usually be done with the help of a physician or hospital. An example where this would become an issue is if a child suffered a traumatic amputation in an accident. Or if burn injuries from a crash resulted in permanent scarring. Typically disfiguring or disabling injuries will allow victims to seek claim damages that address the impact these injuries will have in the future.
Another consideration is the expected future pain a child will endure. For example, a nerve injury may cause the child to suffer from chronic pain.
While most of these damages address physical injuries, there may be compensation available for future mental harm as well; for instance, emotional distress or mental anguish. Using the example of a disfiguring injury, those that occur to parts of the body visible to others—such as the face—may result in long-lasting trauma. The psychological impact of an injury can sometimes be greater than the physical.
Some injuries may trigger depression or post-traumatic stress disorder. If these are expected to be future issues then a claim may address such damages.
No one can look into the future and know for certain how an accident will impact someone’s life. But this doesn’t prevent the victim of an accident from recovering compensation for such injuries. With so many factors that can play into disfiguring or disabling cases, talking with an attorney is a good idea.
Seeking Legal Counsel to Determine Future Physical and Mental Damages
There is likely going to be challenges when attempting to collect future damages. The insurance company is going to do everything it can to diminish this kind of compensation. In order to build a strong case, it will be necessary to have legal representation.
Contact D.J. Banovitz to discuss how claim damages are calculated and the impact future ones may have on a case. He can explain the options available to recover fair personal injury compensation for current and future damages. Give us a call at 303-300-5060 to schedule your free consultation.