What types of child abuse exist and what does the child get compensated for?
There are several main types of child abuse for which the cases are most frequently filed. The abuse can physical – if a child is malnutritioned, underhydrated, is lacking supervision or shelter, hit, choked, thrown, kicked, shaken or suffers any physical act that caused or potentially endangered child’s life or health it is considered that a child has been abused. Physical abuse may also include cases when medical or mental healthcare was not provided when required, and a child suffers severe injury or death as a result of withholding healthcare. Sexual abuse is a frequent type of abuse where children get molested by adults – it is required that all types of abuse be reported. If your child has experienced any of the above it is then the time to act.
A child can be compensated for his or her "general or noneconomic damages" - which includes past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress. No fixed standard exists for deciding the amount of these damages. The jury must use its judgment to decide a reasonable amount based on the evidence and its common sense.
A child can also be compensated for his or her "special or economic damages" - which includes medical and other expenses (e.g. attendant care, equipment expenses, transportation expenses, housing expenses, supervisory expenses, education expenses and many others - including respite expenses so that parents of severely injured children can take a break and be able to pay top notch professionals to care for the their child while they rejuvenate), and the lost earning capacity of a child.
If the jury decides that a child has suffered damages that will continue for the rest of his or her life, it must determine how long he or she will probably live.
According to published government sources, it is possible to estimate the number of years a child is expected to live. Some people live longer and others die sooner. This published information is evidence of how long a person is likely to live but is not conclusive. In deciding a child's life expectancy, a jury should also consider, among other factors, a child's health, and other pertinent factors such as habits, activities and lifestyle. The Keane Law Firm employs nationally-recognized life expectancy experts to prove this in a scientifically-acceptable manner.
We have helped many families to correct the injustice caused by somebody else’s wrongdoing. Call The Keane Law Firm immediately to discover your options.