As a parent, you should not think about your children being injured in an accident. Unfortunately, we also sometimes have to deal with serious injuries in children. Then good legal help is very important. In this article we explain how we proceed. Our goal is to help the parents as best as possible to secure the future of the child.
The claims settlement process for children differs in some respects from that for adults who suffer damage. The calculation of the future damage is more complex when the victim is still very young, because there are few indications of how the child could have developed without an accident. In addition, there are some important practical aspects that we must take into account.
Determining personal injury to a child
In every personal injury case, the compensation is determined by comparing the circumstances before the accident with the circumstances after the accident. People who had a well-paid job before the accident and who have become largely incapacitated for work after the accident obviously have to deal with significant financial losses. But such comparisons are not easy when dealing with a child who was still developing when the accident happened. The younger the child is, the more difficult it is to calculate the damage precisely.
To determine how a child’s life might have developed in the future without an accident, we often look for connections to the lives of those close to the child: parents, siblings, cousins. In these relationships we often see similarities in lifestyle, level of education and career development. This information helps us to make an informed assessment of the child’s (partial) future damage. If the child has sustained permanent disabilities in the accident, it is logical that the amounts involved are very substantial.
Role of the subdistrict court judge
If the case can be settled while the child is still a minor, the parents must request permission from the subdistrict court judge. The case can only be settled if the subdistrict court judge agrees to the settlement proposal. In addition, the compensation must be transferred to a special bank account (BEM account), from which money can only be withdrawn with the permission of the subdistrict court judge. The court ensures that the expenditure is made in favor of the child. In this way, the interests of the child are protected until he or she reaches the age of majority and can dispose of the compensation himself.
Knowing more?
Would you like more information about personal injury to children? Then please contact us.