Traumatic Brain InjuryHandling TBI Cases Involving Children: Unique Considerations and Legal Strategies

Traumatic brain injury (TBI) cases involving children present unique challenges and considerations for personal injury attorneys. Children’s developing brains are more susceptible to severe, lifelong consequences resulting from TBI. When handling these sensitive cases, attorneys must understand the complex medical and legal issues to build the strongest case and secure the compensation the child and family need. This article explores the unique factors to consider when handling TBI cases involving children.

Understanding Pediatric TBI

TBI disrupts normal brain function and can have short- and long-term effects. For children, the impact may be magnified due to their rapidly developing brains. According to the CDC, nearly 800,000 children visit the emergency room for TBI each year in the US. Falls are the leading cause of TBI for children 0-4 years old, while car crashes and sports injuries commonly cause TBI in older children.

TBI ranges from mild concussions to severe, life-altering brain damage. While kids’ brains have greater neuroplasticity to potentially rewire new connections after injury, severe pediatric TBI comes with significant risks:

• Cognitive deficits – trouble with memory, attention, learning
• Communication and language impairments
• Behavior and emotional regulation issues – depression, impulsivity, aggression
• Motor and sensory impairment – weakness, visual/hearing issues
• Seizures
• Increased risk of Alzheimer’s and other degenerative diseases later in life

Understanding these potential consequences provides the foundation for building a strong legal case and recovery plan for the child.

Navigating Complex Medical-Legal Considerations

Pediatric TBI cases involve navigating complex medical, rehabilitation, educational, and legal factors.

Medical Factors

Attorneys must become familiar with:

• Mechanisms of injury – what exactly happened to the child’s head and brain. This guides prognosis and expected deficits.
• Neuroimaging – MRI, CT, and PET scans help assess structural damage and brain function.
• Neuropsychological testing – age-appropriate tests evaluate cognitive, behavioral, and communicative impairments over time.
• Treatment plans – which rehabilitative therapies are needed now and into adulthood to treat deficits.

Documenting the child’s injuries, prognosis, and recommended care is critical for the case. Attorneys may need to consult a variety of medical experts:

• Pediatric neurologists – assess injuries and treat brain disorders
• Neuropsychologists – diagnose and treat cognitive/behavioral deficits
• Physical, occupational, and speech therapists – provide rehabilitation services
• Life care planners – map out lifelong care needs

Having the child comprehensively evaluated by a coordinated team of experts maximizes evidence regarding the extent and impact of their brain injury.

Rehabilitation & Education

Children’s developing brains are primed for rehabilitation. Securing comprehensive therapies can maximize recovery. Relevant treatments include:

• Physical, occupational, speech, and behavioral therapies
• Vision, hearing, and assistive technology services
• Special education and life skills services through the school district
• Training for parents and caregivers

Advocating for these services builds evidence of the child’s needs. Attorneys may need to negotiate with insurance companies, government programs, and school districts to obtain appropriate therapeutic resources.

Legal Strategy

TBI lawyers must build strong liability arguments demonstrating the at-fault party’s negligence caused the child’s injuries. Relevant legal considerations include:

• Applicable state statutes regarding children injured on someone else’s property or by their products/services
• Standards of care – what actions would a reasonable person take to prevent child injury in the situation
• Safety rules and regulations that were violated
• Previous similar incidents with the at-fault party

Thorough investigation and litigation can show a clear failure to exercise proper care and precaution. Developing compelling testimony from eyewitnesses, experts, and others helps convey negligence to judges and juries.

Assessing Damages in Pediatric TBI Cases

The long-term impacts of pediatric TBI make calculating damages especially complex. Key factors to consider include:

Medical Expenses

• Acute hospitalization and inpatient rehabilitation
• Long-term costs of medications, therapies, assistive technology, and medical care

Life Care Planning

Experts create a life care plan estimating costs of:

• Ongoing therapies and services
• Special education and vocational training
• Adult residential care, transportation, and supervision
• Home and vehicle modifications
• Routine healthcare over a normal lifespan

Plans detail needs across the individual’s lifespan. Given children’s developing brains and changing needs, plans must be updated periodically.

Loss of Potential Earning Capacity

Severe deficits may impair completing schooling and employment, significantly reducing earning potential. Economists create models factoring in the child’s disabilities to project lost earnings over their career.

Pain and Suffering

TBI can substantially reduce a child’s quality of life if impairments prevent normally enjoying childhood and participating in various activities. Significant compensation is warranted. Courts may calculate pain and suffering damages per diem based on a daily amount multiplied by life expectancy.

Punitive Damages

If negligence was especially egregious, punitive damages may be awarded as further punishment. The long-term care costs combined with punitive damages can lead to substantial verdicts and settlements.

Building the strongest case requires thoroughly investigating these injury-related damages.

Partnering with the Child’s Family

These cases are deeply sensitive and personal. Attorneys must compassionately partner with the family to guide them through the legal process while minimizing further stress and trauma for the injured child. Ways to support families include:

• Maximizing privacy – limit public details, seal sensitive records
• Connecting them with TBI parent support groups
• Coordinating trial testimony roles to shield the child
• Respecting the family’s wishes and goals for the child’s recovery

Maintaining open communication and clearly explaining each case step keeps families informed and empowers them as partners pursuing justice. Providing regular case status updates and listening to parent concerns builds trust and shows the attorney’s sincere commitment to the child.

Consult with a Personal Injury Attorney

If your child suffered a traumatic brain injury due to another’s negligence, you need experienced legal representation to build a strong case and recover the compensation your child needs. Our attorneys have successfully handled numerous pediatric TBI cases, securing substantial verdicts and settlements for injured children’s medical care, education, and quality of life.

We understand this complex area of law and will aggressively pursue maximum damages for your child while providing compassionate counsel each step of the way. We take the time to understand your unique situation and goals. Your child and family will benefit from our proven expertise in developing pediatric TBI cases.

Consult our brain injury lawyers today to learn how we can help your family during this difficult time.

You can call us on (415) 352-6264 for a free consultation.

Or visit our office at 536 Pacific Avenue, San Francisco, CA 94133.