"Bike helmets are intended to prevent head injuries – or at least to make these injuries less severe. The helmet manufacturer may be liable, at least in part, for your child’s injuries if the helmet was defective.

Some of the things that the manufacturer’s attorneys will look at are; (1) whether the helmet fit your child correctly; (2) the age of the helmet; (3) if the straps were fastened; (4) if the helmet had been damaged in a prior accident or from being kicked around; or (5) if any decals or paint had been put on the helmet, causing the materials used in the helmet to deteriorate.

However, the mere fact that your daughter was wearing a helmet helps prove that your daughter was neither negligent nor careless in her riding. Your attorney will argue that wearing the helmet shows that your daughter was a responsible rider and may help prove that she road regularly and knew what she was doing. Statistical evidence on the effectiveness of helmets may also be introduced to show that she did not contribute to her injuries.

Traumatic brain injuries almost always result in high damage awards because the loss from the injury is so great and the prospect of ongoing care or therapy is high. Injuries which can be documented with MRIs, CAT scans, etc. are more valid and typically will result in higher settlements than injuries that do not have medical documentation. Past medical damages will be awarded, as well as an amount to compensate your daughter for her pain and suffering. An amount to cover future treatment, therapy, care, pain and suffering will also be determined. These damages will all be for your daughter’s use. As she is, presumably, a minor, they will be placed in a trust fund and a trustee, most likely you, will be appointed to make sure that the funds are used appropriately.

You may also institute a claim for damages. The damages available to the parents of an injured child vary widely from state to state and may include: compensation for the loss of future financial contributions that may have been made by the injured child, and the value of any personal service, advice or training that would have been gained from the child, had the child not been injured. Medical expenses and other expenses associated with the injury are reimbursed. Parents can also recover for future expenses that will be associated with caring for a disabled child, for example the cost of specialized daycare or assistance in the home. In some states, parents are also entitled to recover damages for the emotional distress caused by the injuries.

Putting a value on emotional distress and loss of future financial services is extremely difficult. (See our content on pain and suffering and lost wages calculations.) In the case of emotional distress, there is no scientific formula and no chart or table that juries, attorneys or insurance companies can look to. Loss of future financial services amounts are reduced by the amount the parent would be expected to spend on the child during his or her minority. Because parents will generally spend more on rearing their child than the child would spend on caring for his or her parents, these damages are infrequently recovered.

In any case, the damages in this case are probably going to be quite high. You need to talk to an experienced personal injury attorney as soon as possible to make sure that you don’t miss any important deadlines and that your daughter receives the compensation she deserves.