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My child suffered brain injuries from a new roller coaster that will require significant medical treatment in the future, which we don’t know the cost of yet. How can the court deal with this to make sure there is enough money?
Personal injury attorneys and courts deal with the issue of future damages every day. One formula that you can use to estimate how your child’s damages might be calculated would be to add up the medical expenses that have occurred so far and multiply that figure by the number of years your child may receive similar treatment. Then you can add in the estimated amount of treatments that your child has not yet undergone but which are reasonably foreseen. And finally, a small percentage may be added to account for future increases in how much the medical treatments cost. This, however, is only one possible formula – you should discuss this issue extensively with your attorney to make sure that your child’s future damages are properly compensated.
Future damages, as well as present damages, can be affected if your daughter did something to contribute to her injury. For example, after hopping on the ride and being given instruction about the safety harness, your daughter unstrapped her safety harness and was pitched against the safety bar when the ride stopped, suffering various facial injuries. This is called contributory negligence, and, if proven, can greatly reduce the award that your child receives, under the theory that the park should not be held liable for an injury that wouldn’t have happened without your child’s misconduct. States deal with issues of contributory negligence differently also, so be sure to talk to an experienced attorney in your area. |
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