Visitor Question

Compensation for Depression Due to Child’s Injury?

Submitted By: Johnna (Ramsey, New Jersey)

My child was injured in a restaurant. He was hit in the face with a tray and received a lot of stitches across the middle of his face. I have suffered severe depression dealing with his pain and suffering. I have also taken a substantial amount of time off work which I am asking to be fully reimbursed for.

What is a reasonable amount to ask for for both my son’s injuries, my time off work, and the depression I’ve been suffering due to all of this?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Johnna,

Regrettably your depression will probably not be compensated.

Compensation of a mother for the injuries which occur to her child occurs very rarely.

The cases which are called “Vicarious” cases are usually for those times when a mother witnesses the death or very serious bodily injury to her child.

Your child’s stitches, and the trauma associated with them are no doubt quite serious, but realistically only your child’s injuries will be compensable.

Make sure you have full documentation of your child’s injuries. Those are the injuries which are certainly fully compensable.

In addition to the normal medical bills, take your son to a plastic surgeon and a dermatologist. You don’t want to settle your son’s personal injury case until you are sure any plastic surgery will be paid for.

There are some cases in which people can represent themselves, and there are others which really require the assistance of qualified personal injury attorneys. This is certainly of one those cases.

Contact several personal injury attorneys. Most will not charge for an initial office consultation.

Bring with you to the consultations all the medical documentation you already have.

The personal injury attorneys will review all of the legal issues involved in pursuing a personal injury case on behalf of your son.

They will also be able to tell you about the time a case like this will take and an approximate amount of money you son may be able to collect upon settlement.

Learn more here: Compensation for Emotional Distress

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck!


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One comment on “Compensation for Depression Due to Child’s Injury?

  1. Anonymous says:


    My son died in Feb 2010 when he strangled to death in his bunkbed due to a flawed design that turned out to be illegal in the UK, our trading standards department investigated and concluded the design was in breech of the Bunkbed entrapment hazard act.

    I found my son hanging by his neck dead and I had to untangle him and call 999. I also had to remove his little brother aged 2.5 from the room as he had seen it all, but thankfully did not understand.

    I was diagnosed with Post Traumatic Stress Disorder and suffer awful nightmares and re-live the event. As a result I have lost all interest in life, I struggle to maintain a job, I cannot maintain a normal life, and I can’t concentrate to work full time.

    There is an ongoing legal battle with the supplier regarding this and my solicitor now has their insurance company’s cooperation to reveal the accounts to prove they sold the bed.

    My question is can my pain and suffering and life time loss and inability to cope working full time be compensated?


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