Children are the unfortunate victims of pedestrian accidents in Orange County (Orlando) and other parts of the State. One would think that pedestrian accidents are limited to crosswalks and road / street areas; however, some pedestrian accidents take place in unlikely locations like the sidewalks of shopping malls, schools, day care centers, and other locations. In some accidents, there is a mechanical defect with the vehicle that causes or contributes to the accident. In other situations, it is operator error or the pure negligence or fault of the driver that causes or contributes to the accident. Either way, the child is hit and injured and may be entitled to compensation depending on the facts and circumstances of the case and the injuries sustained by the child pedestrian.
A child injured as a result of an accident may be entitled to compensation for the following:
Past Medical Bills. This would include medical care and treatment caused by the accident and deemed reasonable and necessary to evaluate, diagnose, and treat the injured child.
Future Medical Bills. This would include medical care that would be likely needed in the future due to the accident related personal injuries. It can include therapy, surgery, medication, durable medical equipment, and other expenses.
Tutoring Expenses. If the child was removed from school as a result of the incident and / or suffered a cognitive or brain injury as a result of the accident, tutoring expenses may be compensable. Depending on the severity of the injury, tutoring expenses may also be awarded into the future depending on the needs and abilities of the student / child.
Mental Pain, Anguish, Suffering, and Loss of Enjoyment of Life. These damages are grouped together but can also be addressed individually. These damages are referred to as Non-Economic damages. There is no formula or exact figure under Florida law that is required to value these damages. Each case should be valued on its own facts and merits. If the injuries are permanent in nature, the child’s life expectancy can be used as a factor in calculating or determining the appropriate damages to award to the injured child.
A recent pedestrian accident was reported in Orange County (Orlando, Florida). Deputies reported that the driver’s shoelaces got caught around the gas pedal which, in turn, caused the crash. A child pedestrian / bystander suffered a leg injury as a result of this accident. You can read more about this accident at – Vehicle Crashes into China One.
The book titled – When the Wheels Stop Spinning – Legal Rights of the Injured Child – What Parents Need to Know After the Accident. This book has chapters on Pedestrian Accidents, Insurance Coverage, Damages – Compensation, and other topics. You can get this book for free at When the Wheels Stop Spinning.