The Complete Guide to Child Injury Compensation (2025)
When a child is injured due to someone else's negligence—whether in a car accident, a slip at school, or a dog bite—the legal process is significantly different from adult cases. The physical pain is compounded by the fact that a child's body is still developing, meaning injuries can have lifelong consequences that aren't immediately obvious.
Our Child Injury Compensation Calculator is specifically designed to handle these unique variables. Unlike standard personal injury tools, it accounts for parental lost wages, future development needs, and the higher "pain and suffering" multipliers often awarded to minors who must live with scars or disabilities for decades.
How Child Injury Settlements Are Calculated
The core logic follows the "Multiplier Method," but with specific adjustments for minors:
- Special Damages (Economic): This includes all medical bills (past and future), therapy costs, and out-of-pocket expenses. Crucially, it also includes the parents' lost wages if they had to take time off work to care for the child.
- General Damages (Non-Economic): This covers pain, suffering, and emotional trauma. For children, this is often higher. A facial scar on an 8-year-old affects their self-esteem and social development for 70+ years, warranting a higher multiplier than the same scar on a 50-year-old.
- Future Damages: If a child sustains a growth plate fracture or brain injury, the full extent might not be known until puberty. Settlements often include large sums for "future contingencies."
Key Factors Affecting the Value
| Factor | Impact | Explanation |
|---|---|---|
| Age | High | Younger children often receive higher settlements for permanent injuries due to longer life expectancy. |
| Scarring | Very High | Visible scarring (face/arms) is compensated heavily due to the psychological impact on a growing child. |
| Future Care | Critical | Costs for future surgeries (e.g., scar revision after growth spurts) must be included now. You cannot reopen the case later. |
| Parental Wages | Medium | Compensation for the time parents missed work to attend doctor appointments and care for the child. |
The Role of "Guardian Ad Litem" and Court Approval
One of the most important distinctions in child injury cases is that parents cannot simply spend the money.
- USA (Minors' Compromise): In most states, any settlement over a certain amount (e.g., $5,000) must be approved by a judge. The money is typically placed in a blocked trust account or structured settlement that the child accesses upon turning 18.
- UK (Infant Approval Hearing): A judge must approve the settlement amount to ensure it is fair. The funds are usually held by the Court Funds Office until the child is 18.
Statute of Limitations for Minors
In standard injury cases, you have 2-3 years to sue. For children, this clock usually "tolls" (pauses).
- USA: The statute of limitations typically doesn't start running until the child turns 18. They often have until age 20 or 21 to file a lawsuit.
- UK: The 3-year limit starts from the child's 18th birthday, meaning they can claim until age 21.
Frequently Asked Questions (FAQ)
Can parents keep the settlement money? ▼
Generally, no. Compensation for the child's injury belongs to the child. Parents can be reimbursed for medical bills and out-of-pocket expenses they paid, but the "pain and suffering" money is held in trust for the child.
Does a child's settlement affect financial aid? ▼
It can. A large settlement acts as an asset, which might disqualify a child from needs-based aid (like Medicaid or college financial aid). Special Needs Trusts are often used to protect eligibility.
What if the child was partially at fault? ▼
The "Attractive Nuisance" doctrine and modified standards of care often protect children. Courts usually do not expect children to exercise the same caution as adults, making it harder to reduce their compensation based on fault.
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