How Do Courts Determine Damages for Injuries to Children?
When children suffer injuries due to someone else’s negligence or wrongdoing, the legal process to secure compensation can be emotionally and legally challenging. Personal injury claims involving minors require special considerations, especially in determining damages.
Courts recognize that injuries to children often result in lifelong consequences, making damage calculations different from those involving adults. Understanding how courts evaluate and award damages in these cases is vital for families seeking justice and support for their child’s recovery.
At Townsend Law, LLC based in Overland Park, Kansas, we focus on providing compassionate and dedicated legal support to families facing personal injury challenges involving children. We understand how overwhelming these situations can be and are committed to advocating for your child’s rights every step of the way.
Our experience in handling personal injury cases throughout the Kansas City area allows us to approach each case with personalized attention, working to secure the damages your child may need for both immediate care and long-term recovery.
Here, we’ll explore how damages are calculated in these sensitive cases, what types of damages are available, and factors that influence the court’s decisions. We’ll also discuss legal protections in place to safeguard the interests of injured children.
Types of Damages in Personal Injury Cases Involving Children
Damages in personal injury cases are monetary awards intended to compensate the injured party for losses suffered due to someone else’s fault. In cases involving children, damages can be broadly divided into two main categories:
Economic Damages
These cover quantifiable financial losses, including:
Medical expenses (past, current, and future)
Rehabilitation costs
Therapy and special education needs
Lost wages or loss of future earning capacity (considering the child’s potential future)
Costs for assistive devices or home modifications
Because children have many years ahead, courts recognize that injuries may lead to prolonged and often expensive care, so future medical costs and support play a major role in economic damages. Sometimes the child’s injuries require modifications to homes or vehicles, adding to the costs.
Families may also incur additional caregiving expenses if the child needs assistance with daily activities. Courts seek to address these foreseeable expenses to provide meaningful compensation.
Non-Economic Damages
These damages address intangible harms that are more subjective, such as:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium (affecting family relationships)
Non-economic damages in children’s personal injury cases account for the psychological and emotional toll the injury imposes, which can be profound. For example, a child who can no longer participate in recreational activities or school events may experience social isolation or depression.
Emotional distress can extend beyond the child, impacting parents and siblings, which courts may also consider under loss of consortium claims. These damages aim to recognize the quality-of-life losses that can’t be captured in medical bills alone.
How Courts Calculate Economic Damages for Injured Children
Economic damages are often the foundation of personal injury awards, and courts require thorough evidence to quantify these losses. In personal injury cases involving minors, courts focus on several key areas:
Past medical costs: This includes all expenses already incurred, such as emergency room visits, surgeries, hospital stays, diagnostic testing, doctor appointments, medications, and therapies. Families are advised to keep detailed records and receipts to support these claims.
Future medical costs: Since children have many years of potential medical needs, courts require expert testimony to estimate ongoing and future care. This might include physical therapy, counseling, assistive devices, and possible future surgeries.
Educational support: Injuries that affect a child’s ability to learn or attend school may require special education services or tutoring. Courts recognize these additional expenses as part of economic damages.
Loss of future earnings: Although children don’t yet earn income, courts may assess how the injury affects their ability to earn a living as adults. This involves expert economists and vocational experts who analyze the child’s potential career paths, education level, and the limitations caused by the injury.
Courts will carefully review this evidence to determine a realistic, long-term financial impact. This calculation often represents the largest component of the damages awarded in personal injury cases involving children.
Assessing Non-Economic Damages: The Human Side of Injury
Non-economic damages aim to compensate for the child’s pain, emotional trauma, and changes in life enjoyment. Unlike medical bills, these damages are subjective and evaluated case-by-case. Factors courts consider include:
The severity and permanence of the injury
The child’s ability to engage in normal activities (sports, play, school)
Emotional trauma experienced by the child and family
Impact on social development and relationships
Pain and suffering damages often reflect the child’s daily experience, including physical discomfort and emotional challenges. Judges and juries weigh testimony from parents, caregivers, psychologists, and the child to understand the full scope.
For example, children who endure chronic pain, disabilities, or disfigurement may experience ongoing emotional distress or behavioral changes. Psychological counseling or therapy reports can support claims for these damages, showing how the injury affects the child’s mental health over time.
Emotional distress damages recognize that the injury is not only physical but also deeply affects the child’s mental and emotional well-being. Courts may also consider the effect of the injury on the child’s family relationships—loss of consortium claims recognize the emotional toll on parents and siblings who suffer as a result.
Special Considerations in Personal Injury Cases Involving Minors
Courts handle injury claims for children differently from adults to protect the child’s interests. Some unique considerations include:
Guardian ad Litem: A court-appointed representative may be assigned to protect the child’s legal rights during the case. This guardian helps make decisions in the child’s best interest and oversees the management of settlement funds.
Settlement approvals: Many states, including Kansas, require court approval for any settlement to make sure the child’s future needs are adequately covered. The court scrutinizes whether the settlement amount is fair and sufficient for anticipated medical and living expenses.
Structured settlements: Instead of lump-sum payouts, courts often favor structured settlements that provide periodic payments to manage long-term expenses and prevent misuse of funds. This approach helps families maintain financial support for ongoing care without exhausting resources quickly.
Statutes of limitations: While minors typically have extended time limits to file personal injury claims, these vary by state and type of claim. In Kansas, the statute of limitations generally begins when the child reaches adulthood, giving families more time to pursue claims if needed.
These legal safeguards reflect the understanding that children’s needs evolve and that premature or inadequate compensation could leave them vulnerable.
Key Factors Influencing Damages Awards in Injuries to Children
Courts weigh several factors when deciding the amount of damages to award in personal injury claims involving children. Important considerations include:
Nature and severity of injury: Permanent disabilities, disfigurement, or brain injuries tend to result in higher awards because of their lasting impact.
Age of the child: Younger children may receive larger awards for future damages due to longer life expectancy and extended care needs.
Impact on daily life: Restrictions on education, play, and social interaction influence compensation levels.
Medical prognosis: Expert opinions on expected recovery, deterioration, or permanent impairment carry significant weight.
Parental testimony and observations: Courts consider how the injury affects family dynamics and emotional well-being.
Comparative fault: Kansas law applies comparative fault, so damages may be reduced if the child or family shares responsibility for the injury.
Insurance policy limits: The defendant’s insurance coverage can cap the maximum recoverable damages.
Additional factors such as the child’s emotional resilience, access to support systems, and community resources may also be indirectly considered. The combination of these factors guides courts in awarding damages that reflect the full scope of loss and hardship.
Dedicated Personal Injury Attorney
At Townsend Law, LLC, we’re dedicated to helping families in Overland Park, Kansas, and the Kansas City, Kansas area understand how courts determine damages for injuries to children. Protecting your child’s future is our priority, and we’re here to guide you through the personal injury claims process. If your child has been injured, contact us today for a consultation so we can help you seek the compensation your family needs to move forward.
