When a civil case or claim is pursued on behalf of injured child, one issue that often arises in every case is that of value of the case. A Child Injury Lawyer is often asked the the following questions:
*How much is the case worth?
*How much is the defendant willing to offer?
*What are the what is a risk involved with the case?
*What are the possible results good in bed with the case?
When reviewing a personal injury case especially one involving the child molestation, abuse, or rape of a child, there are various factors that are considered to properly evaluate the case. In most states, there is no set formula or value that applies to a child molestation, abuse, or negligence case. There are some exceptions to this general rule. For instance, many states set forth a cap on injury cases and other claims against government entities. Because of this, a case against the government may have a value well in excess of the settlement or the result but may be limited by these caps.
Here here are just some of the factors that may apply in valuing a personal injury case involving the child molestation or abuse of a child:
Was there a criminal prosecution of the defendant?
Was the defendant convicted of the crimes related to the abuse or molestation?
Did the defendant admit to the crimes committed?
How old was a child at the time of the incident(s)?
Was the child abused or molested more than one time? over a period of time?
Was a child abuse neglected molested by others during the child’s lifetime?
Did the child seek counseling?
How often and over what period of time did the child get counseling?
What impact did the incidents have on the child emotionally? physically? educationally?
What is the current status of the client as to education, work, sports, social friendships, and family relationships?
Did the child suffer any physical injuries that required medical treatment?
What medical conditions was the child been diagnosed with?
Did the child suffer any permanent physical injuries?
Did the child suffer any permanent emotional injuries?
What psychological conditions of the child been diagnosed with?
How much liability i insurance was in place for the injuries / damages?
Were other children abused or neglected by this defendant? By the facility?
How many other claims have been pursued in the past regarding the defendant and facility?
How many claims or court cases are currently pending?
As you can see, there are a number of factors that are considered when evaluating a personal injury case. A parent of a injured child should not attempt to handle these matters without the benefit of legal representation as these matters are very complicated and legal rights should be protected and enforced as necessary depending on the facts and circumstances of the situation. A helpful reference for parents is the book – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know. This book has chapters on School Injuries, Day Care Center Injuries, Medical Treatment and Bills, Child Abuse, and other topcis. You can get this book for free at The ABCs of Child Injury.