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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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