What is the Value of Your Child's Injury Claim?

Generally speaking, a child injury case is worth the amount of damages inflicted on the child who has been injured. These damages may be easy to calculate, such as past and future medical charges, lost earnings, lost earning capacity, and property loss. But the law also states that the injured child has the right to recover compensation for other “intangible” harms. It is these “intangible” harms that are more difficult to calculate. Such harms may include those subjective harms that the child has experienced from the injury, including pain, agony, disability, inconvenience, and mental anguish. The intangible harms are purely subjective, difficult to determine, and often vary among the people (or jurors) who are deciding the case. Ultimately, the value of a case is determined by the jury (or judge, if the case is tried in court). After a case arises, the company (and the defense attorney, if the case is in litigation) is continually trying to evaluate how a jury might see the case and how much money a jury might award. Then each side will assign a value or a value range, and try to negotiate a settlement close to each side’s own range.

In most instances the value of a child injury case is driven primarily by the extent and severity of the child’s injuries. The particular facts giving rise to the claim of negligence against the other party may also have some influence. Other important factors to consider include the type, extent, and frequency or past medical treatment and the need for future treatment. Other factors that may affect the value of a case include, but are not limited to, the claimant’s likeability and credibility, the extent and duration of the injuries, the claimant’s age, reputation or track record of the at-fault insurance company and the defense attorney, the specific legal or evidentiary issues involved in the case, the county or venue where the case has or will be filed, and the dollar amount of settlements and verdicts for similar types of cases in the past.


Davis Law Group wants to remind you that all cases are very unique and all embody different factors; no case is the same. Seattle child injury attorney Chris Davis has the legal answers you are looking for. Call for a FREE no obligation consultation, (206) 727-4000.
Be the first to comment!
Post a Comment