A serious car accident in northwestern Missouri left seven injured early this week, including several children. One of those children has serious injuries, which can make it critical for her to recover compensation for lost earning capacity.
Car Veers Off Road, Hits Family Minivan
The accident happened on I-35 on Sunday morning, January 3, 2021, a few miles north of Pattonsburg, about an hour northeast of St. Joseph. According to the police report, a minivan with two adults and five children in it was stopped on the highway’s right shoulder when another car hit it from behind. The crash put the minivan on its rooftop.
The family in the minivan was from Azle, Texas, just outside Fort Worth. Both the male driver and the oldest child, a 9-year-old girl, suffered serious injuries in the crash. The female passenger and two younger girls, aged 6 and 2, suffered moderate injuries. Both boys in the van, a 4-year-old and a newborn, only had minor injuries.
The driver of the car that hit the minivan was from Florida. He was not hurt in the crash.
Injured Children and Lost Earning Capacity
Whenever someone is hurt in a car crash that was caused by someone else, they deserve to be compensated for their losses. This goes far beyond just the medical bills that they are bound to accumulate for the care they need. It should also include the professional setbacks that stem from the accident.
For adults with a solid job, this often comes in the form of calculating the wages they have lost while recovering.
For people who do not have a job, like a stay-at-home mom, things are more complicated. When the victim is a minor – especially a young child – it gets even trickier.
Just because these people are not currently employed does not mean that their professional lives are not drastically altered by a serious injury sustained through no fault of their own. That is why Missouri personal injury law allows these victims to recover compensation for their lost earning capacity.
Unfortunately, proving that a child has lost earning capacity in a car accident is not easy. Worse, it often requires a very serious injury. If a child suffers a broken arm in a crash, it is unlikely to impair their future ability to earn a living, unless there are significant complications. However, severe injuries like a dismemberment or a traumatic brain injury can absolutely alter the trajectory of their professional future and potential. In these cases, testimony from medical and vocational experts is essential to persuade the jury that the child’s injuries are going to be long-term obstacles that deserve compensation, now.
St. Joseph Car Accident Attorneys at the Smith Law Office
In this particular car crash, there will also be complications because everyone is from out-of-state. However, the importance of recovering full compensation is never higher than when a victim is a child.
The car accident and personal injury lawyers at the Smith Law Office represent accident victims in St. Joseph, Kansas City, Springfield, and western Missouri. Contact them online or call their law office at (816) 875-9373.