Types of compensation
If it can be established that your child's injuries were caused by a negligent or wrongful act they will be able to claim compensation for their injuries. But what can be claimed and what is the purpose of a personal injury claim?
What is the point?
The purpose of a personal injury claim is to put your child in the position they would have been had the accident not happened. Therefore compensating your child for difference between how their life will be now, in comparison to what it would have been had the accident not happened.
With children it is obviously extremely difficult to predict what their future would have been had the accident not happened. For this reason you should instruct a lawyer who is experienced in dealing with claims for children who have suffered traumatic brain injuries. They will know what evidence needs to be gathered to properly value your child's claim, including what experts are needed to try and create the picture of your child before and after the accident.
Ultimately the claim will provide financial security and the opportunity for your child to make the most of their future.
What can be claimed?
Damages for your child's injuries
Firstly there is a sum to compensate for the injuries themselves – the pain, suffering and they have caused, but also for loss of amenity which is simply the loss of enjoyment of life as a result of the accident and injuries sustained. These can only be valued once your child has been examined by the appropriate medical experts. These reports are needed to get a clear picture of the following:
- the injuries sustained
- treatment received
- treatment needed
- long term prognosis i.e. how will your child be in the future.
Children who have suffered brain injuries will need to see a number of medical experts. If you are concerned about your child having to undergo these medical examinations then speak to your lawyer, it may be possible for at least one of these examinations to take place in your home.
Once the medical reports have been obtained past case law is considered where others have sustained similar injuries. The similarities and differences between the injuries are carefully assessed to determine the amount to be awarded for this aspect of the claim.
Past and future losses and expenses
The bulk of the awards are past and future losses and expenses. If your child has needed care and assistance from you or other members of the family, or if you have had to purchase anything as a result of your child's accident then this should be included in the claim.
In addition your child will be able to recover compensation for other expenses they will have in the future, whatever those may be, such as the cost of the following:
- care and Assistance
- aids and equipment
- treatment
- accommodation needs or adaptations
- potential future loss of earnings
In order to ensure that your child gets the correct amount of compensation it is necessary to see how they develop through their teenage years before their claim can be settled. However, applications for interim payments can be made. This means that your lawyers can request some of your child's compensation early to put a team in place to get your child the things they need to aid their recovery and to help them adapt to life in the future.
Author: Dominique Jennings, Associate, Thomson Snell & Passmore