It is critical to understand what the long-term effects might be in the unfortunate event of your child experiencing a life-changing injury in a car accident. Here, we explore catastrophic injuries are, why they affect children differently, and the damages you can recover through legal action. For more information and hands-on support, contact HHJ Trial Attorneys.
Defining Catastrophic Injuries
Most injuries heal completely over time, often leaving no long-term adverse effects. A catastrophic injury, however, results in a lifelong impact. Typically, a catastrophic injury permanently prevents a person from returning to work. Then, it requires a career change to work that can accommodate their new, limited abilities.
Some of the most common catastrophic injuries are severe burns, paralysis, limb loss, traumatic brain injury, loss of vision or hearing, permanent nerve damage, disfigurement, multiple bone fractures, spinal cord injury, and extensive internal organ damage.
How Catastrophic Accidents Affect Children and Adults Differently
When a child experiences a catastrophic injury, the lifelong consequences are particularly devastating. The entire future can be changed in an instant before a child has even had the chance to enjoy life. Catastrophic injuries can have profound ripple effects that impact every facet of a child’s and their caregivers’ lives.
The most important developmental years are those in early childhood when critical skills are formed. For example, sensory processing undergoes significant changes during childhood, enabling children to differentiate between loud and quiet, hard and soft, and so on. When these processes are interrupted, it can lead to lifelong sensory difficulties with loud noises, bright lights, and other sensory stimuli.
Furthermore, younger children are still developing essential motor skills, such as crawling, sitting up, walking, running, picking up items, and tying shoelaces. Depending on the location and severity of a catastrophic injury, the child may never progress beyond the stage they were in at the time of the car accident.
Children who experience catastrophic injuries may also face psychological, emotional, educational, professional, and medical challenges for the rest of their lives. When an adult is catastrophically injured, their everyday life is interrupted. However, when it’s a child, their everyday life is prevented.
The Psychological Impact of Childhood Catastrophic Injuries
Children lack the emotional and logical maturity that adults have developed through years of varied experiences. Adults can often intellectualize their injuries, which doesn’t make them easier but can affect how the trauma is processed. Due to the underdeveloped emotional intelligence of a child, their entire life is built on the foundation of their injury.
Children who experience catastrophic injuries at a young age often struggle with attachment issues and increased anxiety. They may also find it challenging to make friends and relate to their peers, making them more vulnerable to bullying and manipulation. Intense feelings of isolation and loneliness are also common among children with catastrophic injuries.
In addition to the psychological impact such a severe injury can have on a child, their parents or guardians can experience depression, anxiety, PTSD, chronic fatigue, burnout, and overwhelming stress. Caring for a child with severe limitations can be an exhausting, expensive, and emotionally taxing experience. Caregivers must learn to deal with their own trauma as well as the unpredictability of a child who may not understand what is happening.
Suing for Compensation for Your Child’s Catastrophic Injury
Catastrophic injuries can have a profound impact on a family’s financial stability, emotional well-being, and relationships. Children with serious injuries and permanent disabilities often require round-the-clock care and constant supervision, which can be challenging when both parents work, or there is only one parent to manage all the new demands.
Parents of disastrously injured children are legally permitted to file a claim on their child’s behalf. These lawsuits play a crucial role in ensuring that children receive the care they need to maintain a good quality of life. Caretakers must also be able to receive the support they need.
Economic Damages
In addition to the immense medical bills, children with severe injuries will require ongoing therapy as they continue to grow. For example, the prosthetic limb that fits an eight-year-old will be completely redundant by the time they turn twelve. These constant upgrades are costly, and for families without premium health insurance, purchasing adaptive equipment may be impossible.
When parents of children with catastrophic injuries sue the at-fault party, they should consider long-term medical expenses. Furthermore, the requirement for specialized education, caretakers, and the parent’s loss of income when caring for their child is essential. Additionally, lifelong pain management and the child’s potential lost future income are substantial economic damages to calculate carefully when determining a fair settlement amount.
Non-Economic Damages
Non-economic damages include the pain and suffering the child experiences and the emotional and mental distress of the child and parents. Severely injured children may be unable to participate in sports, play freely with friends, go on school outings, or even engage in play with toys at home. These limitations are known as “loss of enjoyment of life.” Permanent disabilities and the effects they have can be compensated for under the non-economic damages category.
Punitive Damages
In rare cases, when the actions that led to the child’s injuries are particularly heinous, the court may determine that punitive damages are necessary. For example, when the at-fault person is driving under the influence, recklessly, or participating in criminal activities, they may face criminal charges and be required to pay punitive damages. Punitive damages are awarded as a punishment and deterrent to prevent the at-fault party from the same behavior in the future.
The Path to Recovery and Justice
Dealing with the aftermath of your child’s catastrophic injury can feel impossible. At HHJ Trial Attorneys, we understand how these injuries can devastate a family emotionally and financially. Our team of experienced attorneys is here to support you so you don’t have to face this alone. If your child has been injured in a car accident, contact us today to schedule a consultation. Together, we will fight for the compensation that your family deserves. We don’t invoice you for anything—we only receive payment when we win your case.
