By David Wolf, Attorney
Published by Child Injury Lawyer Network
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When a child is injured as a result of the negligent driving of an employee of a business or corporation, a claim or case is often pursued against the negligent driver AND the business / corporation. As a Child Injury Lawyer, I am often asked the following question: Is the case worth more since a business or corporation may be liable for the personal injuries? The simple answer to this question is “No”. The case is not worth more just because a business or corporation is involved. Each case or claim should be evaluated on its own merits, facts, and circumstances. The value of the case is based on a number of factors including the following:
Past medical bills;
Future medical bills;
Medical diagnosis of injuries;
Diagnostic testing results;
Type of treatment received;
Type of treatment needed in the future;
Severity of the personal injuries;
Permanency of the personal injuries;
Visibility of the injuries;
Whether surgery was performed;
Effect on the child’s activities of daily living;
Effect on the child’s education;
Effect on the child’s earning capacity;
Life expectancy of the injured child; and
Other Factors.
The value of the case should not be based on the identity of the Defendant (Personal or Business) or the amount of insurance; however, the collectibility and settlement value of a case may be based on both the value of the case AND the financial resources of the Defendant and the amount of available insurance. As such, there is a distinction between value and collectibility. These are just two issues that are carefully evaluated and analyzed by a Child Injury Lawyer handling a case on behalf of the child. These and other matters are covered in the book – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know. There are chapters on Automobile Insurance, Medical Bills / Treatment, and other topics. You can receive this book for free at The ABCs of Child Injury.