Can I Bring a Personal Injury Claim on Behalf of a Child in California?

What Types of Damages Can a Child Receive for a Personal Injury Claim?

Children are entitled to compensation for all damages incurred because of another person’s negligence. Therefore, a settlement agreement or jury verdict could include compensation for economic and non-economic damages.

Examples of economic damages in child injury cases include:

• The cost of medical treatment and care, including surgeries, therapy, medications, special medical equipment, etc.
• Expenses related to modifications of the home and vehicle to accommodate a child’s permanent impairment or disability 
• The cost of in-home and long-term nursing care and/or personal care
• Out-of-pocket expenses and costs
• Expenses related to special education and occupational therapy 
• Future lost wages and a decrease in future earning capacity 

The amount of economic damages depends on several factors, including the type and severity of the child’s injury. Permanent injuries could result in a lifetime of special needs and loss of income. 

An injured child may experience intense pain and suffering because of their injuries. They are entitled to compensation for these damages too. Examples of non-economic damages in child injury cases include:

• Physical pain and discomfort
• Scarring and disfigurement
• Emotional distress, including PTSD, anxiety, and depression
• Mental anguish and trauma
• Loss of enjoyment of life
• Disabilities and impairments 
• A decrease in the child’s quality of life

A childhood injury can result in cognitive, developmental, physical, and emotional delays and impairments. Therefore, it is crucial to have your child examined by medical specialists to determine the extent of the injuries and how the injuries could impact your child’s future educational, career, and lifestyle choices.