How to Calculate Auto Accident Claims Amount for Toddler

Determine what's needed for an injured toddler.

There is no concrete formula for calculating pain and suffering damages to be awarded in an accident case. The decision lies with an insurance company or, in the case of a lawsuit, a jury. Penal damages, those seeking to punish a criminal beyond the scope of damage caused to discourage future misbehavior, are illegal to award in the United States. Calculating claims for an injured toddler requires close examination of hospital bills and suffering, both incurred and expected.

Things You'll Need

• Hospital bills
• Expected medical costs
• Expected psychiatric costs
• Parents' missed wages

Instructions

1. Add up all incurred costs. In a court case, the guilty defendant can be held responsible for all costs associated with the case, from lawyers fees to wages the child's parents could not collect due to missing work. Other incurred costs include the toddler's medical bills, psychiatric bills for parents and any incidental costs related to the case.

2. Calculate expected future medical and psychiatric costs. If the toddler has physical trauma that needs future attention, any associated expense can be awarded. The same goes for whatever psychiatric treatment is deemed necessary for the child's family to cope. These costs are specific to the family in question and ignore social "norms" or "averages."

3. Determine other damages. Other costs that may be appropriate to award may include future missed wages by the child's parents or reimbursement for items purchased that the child can no longer use due to disability. If the toddler is permanently handicapped, damages can be awarded for future pain, suffering and missed income.

4. Add them up. The sum of steps one through three gives you total damages for the claim.

References

• Free Advice: Personal Injury
• Irwin Mitchell: Personal Injury, Child Accident