Pain and suffering compensation is a necessary tool to recognize and compensate an individual for the tragic consequences that they experienced from an unfortunate event. Such compensation also involves the impacts on an individual’s overall quality of life and family.
When a child is involved in a car accident, several legal rights serve to protect their well-being, such as their right to be represented by a guardian, right to be medically treated, right to emotional support, and right to pain and suffering compensation.
If your child has suffered pain and suffering in a motor vehicle-related incident and needs urgent assistance, call our trusted lawyers from Sutliff & Stout at (713) 987-7111 now for a free case evaluation.
What Constitutes Pain and Suffering for Children?
Pain and suffering are always personal experiences influenced to different degrees by biological, psychological, and social factors. Children are no exception, and the word “pain” could both refer to emotional or psychological distress.
Based on research from the National Institute for Children’s Healthy Quality, 34.8 million children ages 0-17 in the United States are exposed to adverse childhood experiences (ACEs) that can severely harm their future health and well-being.
The institute highlighted the significance of these statistics, indicating that being exposed to six or more Adverse Childhood Experiences (ACEs) could reduce an individual’s life expectancy by about 20 years.
ACEs belong to the realm of early childhood trauma, a prevalent and frequently undisclosed issue in both the United States and other nations. This trauma, encompassing emotional distress, arises from stressful or traumatic events such as abuse, neglect, household dysfunction, and toxic stress.
Meanwhile, pain can also include physical discomfort and injuries, which are the most common causes of pain in children. Children frequently experience recurring headaches, stomach aches, and leg pains, which can occasionally be related to either serious illnesses or benign yet uncomfortable conditions. Thus, seeking medical advice and undergoing appropriate tests is advisable to identify the underlying cause of these pains.
Factors Affecting Pain and Suffering Compensation
Various elements influence the amount awarded in a pain and suffering settlement, including the nature of the accident or incident leading to the injury, the severity of the injuries and associated pain, required medical interventions, and the overall impact on quality of life, among others.
Moreover, the extent of the injury plays a pivotal role in determining the compensation for pain and suffering. Severe injuries resulting in long-term impacts, such as decreased mobility and heightened vulnerability to other health issues, or injuries hindering daily functions like work and social engagement are significant considerations.
Hence, the psychological damages for both the child and their family should be considered when calculating a pain and suffering settlement. Mental health conditions like anxiety, depression, and post-traumatic stress disorder (PTSD) can also factor into the compensation awarded to individuals.
It’s best to consult with a seasoned law firm to determine the relevant circumstances to your case so you can file a claim for maximum compensation.
Calculating Pain and Suffering Compensation
Determining compensation for pain and suffering lacks a precise formula. The amount owed is dependent upon the severity of each case. Insurance companies often employ the multiplier method to calculate such settlements.
This involves totaling the medical expenses and selecting a multiplier between 1.5 and 5, depending on injury severity. Multiplying the medical costs by this chosen number yields the pain and suffering value. Typically, lower multipliers around 1.5 are common, while higher ones are reserved for cases of long-term or severe injuries, like permanent disfigurement or complete loss of mobility.
However, the multiplier method’s subjective nature is a notable drawback. It’s essential to recognize that assessing a claim involves considering various factors, such as medical and rehabilitation expenses, as well as the emotional distress necessitating mental health treatment.
Legal Considerations
If someone has endured pain and suffering following an accident or incident, they have the right to pursue compensation. However, it’s crucial to note the statute of limitations, which sets a deadline for filing such claims.
In states like Texas, the statute of limitations for most personal injury cases is typically two years from when the cause of action arises, starting from the injury date or the reasonable discovery date.
Another vital element in compensation claims is the Guardian ad Litem (GAL). According to Cornell Law, a GAL is appointed by a court to safeguard the interests of individuals unable to care for themselves, often minors or those considered to be legally incompetent.
GALs commonly serve in disputes concerning child custody, support, and divorce proceedings. Personal injury claims, particularly those involving pain and injuries, can be resolved through settlements or trials.
Settlements are often faster and less hassle compared to trials, offering greater control over outcomes and lower expenses. On the other hand, trials may result in higher compensations awarded by juries and hold responsible parties publicly accountable, as trial proceedings become part of the public record.
How Our Law Firm Can Help
Personal injury claims are usually complicated, hence the need for excellent legal assistance. In Sutliff & Stout, you can be assured that you will have a legal advocate who will tirelessly fight for the compensation you rightfully deserve.
Our law firm is underscored by board certification in Personal Injury Trial Law by The Texas Board of Legal Specialization – an accomplishment achieved by less than 2% of all trial lawyers in their careers.
Call Us Now If You Suffered A Car Accident With A Child
Ultimately, seeking legal representation for car accident cases involving children is essential for various reasons. Sutliff & Stout has excellent knowledge to assess the legal complexities involved in such delicate situations. Our lawyers are committed to maximizing pain and suffering compensation for the most vulnerable members of your family.
In the event that a settlement cannot be reached, a trial becomes necessary, and we’re here to fight and support your child’s interests in court. Our experienced lawyers have the ability to build strong cases and pursue the full extent of the law. Call us at (713) 987-7111 for a free consultation, or send us a message through our secure online form.
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