While there is no official law or rule that injuries suffered by a child must be evaluated differently than injury to an adult, our experience as Rochester personal injury lawyers has been that when the injured party is a child, it can impact the value of the personal injury claim in several ways. While each case is unique, some of the more common ways in which the injured party’s age can be a factor in the amount recovered are set forth below. When a child suffers an injury that is permanent and will have lifetime consequences, it can dramatically increase the value of the personal injury claim. The value of permanent injuries is generally evaluated in terms of the injured person’s anticipated life expectancy. If the child lives to an average age, he or she will have to live with the consequences of the injury for sixty or seventy years. If the child is going to suffer ongoing pain or limitations and require medical treatment for years to come, he or she can recover damages for future medical treatment and pain and suffering throughout that entire time period. If a child is never going to be able to work, he or she may also be able to recover for future lost wages. In our experience, however, recovering future lost wages for a child can be much more difficult than for a similarly injured adult because their future earning capacity is largely speculative. While an adult’s future earning capacity can be evaluated based on past income and work history, this is not the case with a child. As a result, there is nothing concrete to base a future lost wage claim on, which can impact the amount recovered for these damages. It has also been our experience that the type of injury may have an impact on damages when a child is involved. Severe scarring, for example, may be seen as a more serious matter for a child because of the potential for long term impact on the child’s social interactions. On the other hand, a child will usually recover better from a simple fracture than a fully grown adult because their bones are still growing. As a result, the fracture may have less value when it occurs to a child instead of an adult. If your child has been injured as a result of another person’s negligence, we can help you recover compensation. Call us at 585-484-7432 for a legal consultation.
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