How much is a 1 inch scar worth in a personal injury lawsuit for my 1 year old?

My daughter fell at a Barnes and Noble while she was in the Children’s play area.
We rushed her to the ER and she had to get 3 stitches. There is now a scar on her
forehead about 1 inch long. How do you calculate pain and suffering for an
infant? How much in damages can we sue for? Is Barnes and Noble even liable?

Asked on January 29, 2018 under Personal Injury, New Mexico

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Compensation for the medical bills is straight reimbursement.
Compensation for pain and suffering is an amount in addition to the medical bills.  There isn't any mathematical formula for determining compensation for pain and suffering.
I would ask Barnes & Noble's insurance carrier for policy limits, but not expecting to get that.  The insurance carrier will respond with a much lower offer.  You can continue negotiating to try to get them to increase their offer.
If the case is settled with the insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier for Barnes & Noble, reject the settlement offers and file a lawsuit on behalf of your daughter against Barnes & Noble based on premises liability.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled, the lawsuit on behalf of your daughter must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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