When a minor is injured in an accident, it can be a traumatic experience for both the child and their family. From medical bills to lost wages and pain and suffering, the cost of the accident can add up quickly. In Montana, the law provides a framework for calculating damages and ensuring that minors receive the compensation they deserve. In this article, we’ll take a closer look at how damages are calculated for minors in personal injury cases in Montana.
Table of Contents
The Role of Guardians
In Montana, minors are not considered legally competent to make decisions about their own legal affairs. As a result, a guardian ad litem is appointed to represent the interests of the child in court. The guardian ad litem is typically a lawyer who is appointed by the court to advocate for the child’s best interests.
Determining Liability
Before damages can be calculated, liability must be established. In other words, it must be determined who was responsible for the accident and resulting injuries. This can be a complex process that may involve reviewing medical records, witness statements, and accident reports. In personal injury cases involving minors, liability is typically established by showing that the defendant had a duty of care to the minor and that they breached that duty.
Medical Expenses
One of the primary types of damages that can be recovered in a personal injury case is medical expenses. This can include the cost of emergency care, hospitalization, surgery, and other medical treatments. It is important to keep careful records of all medical expenses related to the accident, including bills, receipts, and insurance statements. These records will be used to help calculate damages.
Future Medical Expenses
In some cases, the injuries sustained in an accident may require ongoing medical care. This can include physical therapy, rehabilitation, and specialized medical equipment. When calculating damages, it is important to consider these future medical expenses as well. This can be a complex process that may require input from medical experts.
Lost Wages
Injuries sustained in an accident may also result in lost wages. This can include time off work for medical treatment or recovery, as well as future lost wages if the injuries are expected to result in long-term disability. When calculating lost wages, it is important to consider the income that the minor would have earned if they had not been injured.
Pain and Suffering
Finally, damages may be awarded for pain and suffering. This can include physical pain, emotional distress, and the loss of enjoyment of life. In Montana, there is no cap on damages for pain and suffering in personal injury cases involving minors. However, the amount awarded must be reasonable and based on evidence presented in court.
Conclusion
When a minor is injured in an accident, it is important that they receive the compensation they deserve to help cover medical expenses, lost wages, and pain and suffering. In Montana, the law provides a framework for calculating damages in personal injury cases involving minors. By working with a guardian ad litem and an experienced personal injury attorney, families can ensure that their child’s rights are protected and that they receive the compensation they deserve.