Compensation for Depression Due to Child's Injury?

by Johnna
(Ramsey, New Jersey)

My child was injured in a restaurant. He was hit in the face with a tray and received a lot of stitches across the middle of his face. I have suffered severe depression dealing with his pain and suffering. I have also taken a substantial amount of time off work which I am asking to be fully reimbursed for.

What is a reasonable amount to ask for for both my son's injuries, my time off work, and the depression I've been suffering due to all of this?

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Compensation for Depression Due to Child's Injury?":

Johnna (Ramsey, New Jersey):

Regrettably your depression will probably not be compensated. Compensation of a mother for the injuries which occur to her child occurs very rarely.

The cases which are called “Vicarious” cases are usually for those times when a mother witnesses the death or very serious bodily injury to her child. Your child’s stitches, and the trauma associated with them are no doubt quite serious, but realistically only your child’s injuries will be compensable.

Make sure you have full documentation of your child’s injuries. Those are the injuries which are certainly fully compensable.

In addition to the normal medical bills, take your son to a plastic surgeon and a dermatologist. You don’t want to settle your son’s personal injury case until you are sure any plastic surgery will be paid for.

There are some cases in which people can represent themselves, and there are others which really require the assistance of qualified personal injury attorneys. This is certainly of one those cases. Contact several personal injury attorneys. Most will not charge for an initial office consultation.

Bring with you to the consultations all the medical documentation you already have. The personal injury attorneys will review all of the legal issues involved in pursuing a personal injury case on behalf of your son.

They will also be able to tell you about the time a case like this will take and an approximate amount of money you son may be able to collect upon settlement.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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