Q What kind of damages are there in a child injury case?
AThere are major differences in the nature of the damages that are claimed in a child injury case and those claimed in an adult's case. The differences depend on the age of the child at the time of injury and the severity of the injury. Every injured child suffers pain; however, the child's age determines whether she will have mental anguish from the injury?
Lost income is an element of damages for adult injury cases. However, in the very young child, that claim cannot generally be made because it is too speculative. There is no rational basis on which to make a claim for future lost earnings of a four-year-old child.