When a child is injured due to the negligence of another party, it can be a traumatic experience for both the child and their family. In Montana, minors have the right to file a personal injury claim to recover damages for their injuries, just like adults. However, there are certain differences in how damages are calculated and what damages minors are entitled to receive. In this article, we will outline the damages that minors can recover in a personal injury case in Montana.
Table of Contents
Medical Expenses
Medical expenses are often the biggest expense in a personal injury case, and this is particularly true with minors. Children can suffer from serious injuries that require extensive medical treatment, which can include emergency room visits, hospitalization, surgery, medication, physical therapy, and more.
In Montana, minors can recover the full cost of their medical expenses, including past and future medical expenses related to their injuries. This includes any necessary medical treatment, whether it has already been received or will be required in the future due to the injury.
Pain and Suffering
Pain and suffering are non-economic damages that refer to the physical and emotional pain and suffering that a person experiences as a result of their injuries. In Montana, minors can be awarded compensation for pain and suffering the same as adults.
However, determining pain and suffering damages for minors can be challenging. Since children may not be able to fully articulate their pain and suffering, it is important to work with a skilled attorney who can assess the extent of the child’s injuries and the impact they will have on their life. Factors like the child’s age, the severity of their injuries, and the expected duration of their suffering will all be taken into account in determining pain and suffering damages.
Loss of Earnings
If a minor suffers a serious injury that affects their ability to work in the future, they may be entitled to compensation for loss of future earnings. This is also known as "loss of earning capacity."
In Montana, minors over the age of 16 can receive compensation for loss of earning capacity, as they are viewed as having a work-life expectancy. For younger children, loss of earning capacity may not be a viable claim, as it can be difficult to predict their future earning potential.
Loss of Enjoyment of Life
Loss of enjoyment of life refers to the loss of quality of life that a person experiences as a result of their injuries. This includes the loss of the ability to enjoy hobbies, recreational activities, and other pursuits that were enjoyed before the injury. This type of damages can be particularly important for children, who may miss out on important developmental milestones and social interactions as a result of their injuries.
Emotional Distress
Children can suffer from emotional distress as a result of their injuries, and they are entitled to compensation for this type of harm as well. Emotional distress can include anxiety, depression, fear, and other psychological injuries that can result from a traumatic event.
Conclusion
In summary, minors can recover damages in a personal injury case in Montana for medical expenses, pain and suffering, loss of earning capacity, loss of enjoyment of life, and emotional distress. It is important to work with an experienced personal injury attorney who understands the unique challenges in representing minors and can help ensure that they receive the full compensation they deserve.