Miami Accident Lawyer Blog
Kids can certainly be prone to bruises and scrapes, but some accidents are severe enough to require extensive medical treatment. According to the Florida Department of Health’s Safe Kids initiative, every year, about 1 in 10 children are injured seriously enough to be admitted to the hospital or require treatment at the emergency room.
The losses from your child’s injury can hit hard, so it’s a relief to know that you have legal options after an accident. A Miami child injuries attorney can provide details about what to expect in your case, but you can read on for a summary of how to measure compensation for young victims.
Factors That Affect Compensation for Minors
Severity of the child’s injuries is often the most significant factor, with more severe injuries generally leading to higher recovery. Additionally, it’s necessary to evaluate the impact of the injury on the child’s future quality of life, including educational and career opportunities. Liability also plays a crucial role, as does the child’s age and potential future medical needs.
Calculating Medical Expenses in a Miami Child Injury Case
Medical expenses are a primary factor when measuring compensation for minors in Miami child injury cases. This includes the costs of:
- Emergency room visits
- Surgeries
- Hospital stays
- Prescription medications
- Physical therapy
Additionally, parents may seek reimbursement for specialized pediatric care, mental health counseling, and any future medical treatments the child may need.
Pain and Suffering Damages for Minors
Young victims may be entitled to compensation for non-economic damages resulting from their injuries, which are often referred to as pain and suffering in Florida child injury cases. Non-economic damages encompass a child’s experiences due to the accident, such as:
- Physical pain
- Emotional distress
- Psychological trauma
- Fear, anxiety, and depression
- Loss of enjoyment of childhood activities
Although these damages do not have a fixed monetary value, courts employ various methods to determine an appropriate level of compensation. To support the claim for pain and suffering damages, it is critical to leverage medical evidence, testimony from mental health professionals, and statements from parents.
Future Damages and Long-Term Care Costs for Injured Children in Miami
When a minor suffers a severe injury, their need for ongoing medical care, therapy, and assistance may extend into adulthood. This compensation may include future surgeries, rehabilitation, home modifications, and educational support if the injury impacts their ability to learn.
Courts also consider the potential loss of future income if the child’s injury prevents them from pursuing their desired career. Miami personal injury lawyers work closely with financial planners and medical professionals to estimate these long-term costs, ensuring that families receive adequate compensation.
Discuss Your Rights with a Miami Child Injuries Lawyer
This is a helpful overview, but it is wise to trust an attorney for help with a child injury case. Gerson & Schwartz, PA, has decades of experience in complex child injury cases, so we understand how to pursue full compensation for victims. For more information, please call (305) 371-6000 or go online to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.