Children's Personal Injury Claims - Time Away From School
Posted on Sep 21, 2011 7:54am PDT
Children's Personal Injury Claims - Lost Time At School
When an adult is injured in a rear-end accident or a pedestrian accident, he or she will have medical bills, pain and suffering and perhaps lost wages. When a child is hurt in a pedestrian accident, rear-end accident or other car accident, he or she will have medical expenses and paid and suffering, but no lost wages.
On the other hand, children may miss school as a result of their personal injuries. When an adult misses work and loses $500 in pay, it is easy to calculate the lost wages - you simply look at what the adult would have earned without the accident, and what he or she actually earned. The difference are the lost wages attributable to the accident.
So how do you value time missed from school?
Part of the analysis is how much time the child missed. An afternoon away from school may be a welcome break for the child (if not the parent). A missed semester, or an entire school year is an entirely different matter. I had a client who was struck while walking to school and, due to an infection at the hospital, missed the second semester of her senior year in high school. She had been going to school with the same people for 12 years or so, and all of her friends were graduating at that time. She missed out on Senior Prom, graduation, and a whole host of other experiences that everyone else got to enjoy. So that part of her claim was quite valuable.
At the other end of the spectrum, I have had clients who missed a day or two of school and were pretty happy to do so.
If your child has been injured in an accident, don't simply assume that their claim is somehow worth less than yours simply because they do not have lost wages. Time away from school and friends can be devastating to a child, and in some cases can delay their graduation and effectively put their life on hold. For a detailed analysis of your child's personal injury claim, you should always consult with a personal injury attorney.
Pete Clancy is an Oakland personal injury attorney. He was selected as a Rising Star by Super Lawyers Magazine in 2010 and 2011 and is a life member of The Million Dollar Advocates Forum. He can be reached at 925-835-7500.