Toddler head injuries can be serious. From our experienced Greenville personal injury lawyer at Bobby Jones Law, here’s how to know when someone else may be legally responsible and what to do next.
What Are the Warning Signs of a Serious Toddler Head Injury?
Warning signs of a serious toddler head injury include:
Loss of consciousness. For a brief period or ongoing, including trouble waking up from sleep.
Mental processing. Changes in alertness, speech patterns, or recognizing familiar people.
Vomiting. Because of pressure on the brain, or when the brain’s autonomic and digestive systems are affected.
Seizures. Indicating malfunctioning brain signals.
Walking. Decline in the toddler’s ability to walk.
Eyes. Changes in pupils or variations in pupil size.
Liquid. Blood or other fluids from the nose or ears.
Symptoms may vary depending on the individual person and the injury. There may be a combination of similarly severe symptoms, or one or two symptoms may be worse than the others.
When Should You Take a Toddler to the Emergency Room After a Head Injury?
You should take a toddler to the emergency room after a head injury if they show anything beyond signs of minor injury. Crying immediately after a small injury is normal for a toddler. Loss of consciousness, fluid discharge, vomiting, or seizures are not normal.
If the injury is minor, the child will calm down quickly. They will eat normally, sleep, and wake up normally.
When symptoms progress beyond this, seek prompt medical care. In addition, seek prompt medical care if the toddler falls from more than three feet (one yard).
Why Are Toddler Head Injuries Different from Adult Head Injuries Medically and Legally?
Here’s why toddler head injuries can be especially serious:
Trauma. Toddlers have different body sizes and compositions than adults. Their heads are longer, their neck muscles are weaker, and their brains and skulls are softer. These differences make a toddler’s head especially susceptible to trauma.
Testimony. A toddler can’t testify on their own behalf. You must find other evidence to prove the case.
Other witnesses. A toddler doesn’t have as long of a personal history as an adult. It may be hard to find people, besides parents, who can testify about the toddler’s functioning before their injury.
Lifelong impact. The younger a person is at the time of injury, the greater the period of their life that is affected by their head injury. Suffering a brain injury as a toddler means that most of their life is affected. This can make the legal claim significant.
Time to file. In South Carolina, minors have more time to file personal injury claims. The three-year statute of limitations for personal injury claims doesn’t begin until the person turns 18. The parents can file the case right away, but the time deadline isn’t as rigid for toddlers as it is for adults.
Time to investigate. The extent of injury and the long-term prognosis may not be immediately known. It takes longer to investigate for a toddler.
Legal process. The legal process for a minor is different from that for an adult. A toddler cannot file their own case. A parent or guardian files on their behalf. There are safeguards in the court process to ensure the child’s interests are protected.
Unknown future. When an adult suffers head trauma, their life as an adult is largely known. Their education, career, and family status are known up until that point in their life. For a toddler, losses are more speculative. This can make it more challenging to value damages.
What Are the Most Common Causes of Toddler Head Injuries in Greenville, SC?
Common causes of toddler head injuries include:
- Car accidents
- Falls from elevated heights
- Falling objects
- Amusement park trauma
- Park and playground incidents
- Inadequate barriers and fall protection
- Malfunctioning products
- Unsafe daycare structures
- Child abuse
- Poor supervision
When Is a Toddler Head Injury at Daycare a Case of Negligence in SC?
Someone may be at fault for a toddler’s head injury if they harm the child on purpose, or if they don’t do enough to prevent harm. For example, adults who control a child’s environment, such as daycare or park operators, may allow an unsafe environment that harms a child.
Negligence can be grounds for liability in a toddler head injury case. The investigation will evaluate if those in charge did enough to prevent the injury. Liability is determined on a case-by-case basis.
Who Is Legally Responsible When a Toddler Suffers a Head Injury in Someone Else’s Care?
When a toddler suffers a head injury, the party responsible may be a person or an entity. For example, if a child is injured at a park, the park’s owner or operator may be responsible.
If the injury is caused by a car accident, the responsible party is the one who caused it. It may be a company if the person was driving commercially.
Manufacturers of dangerous products may be liable, too. It just depends on who acted negligently or with more serious misconduct.
What Compensation Can Parents Recover After a Toddler Head Injury in Greenville?
For a toddler head injury in Greenville, SC, parents can recover both economic and non-economic losses. Medical bills, therapy costs, and personal care expenses can be claimed. In addition, the toddler may receive a proportional amount for pain and suffering, emotional anguish, and lifestyle limitations. These amounts can still be claimed, even if the toddler may not fully realize the impact of their head injury until later in life.
Bobby Jones Law helps families pursue compensation for toddler head injuries in Greenville.
Why Greenville Families Need a Personal Injury Attorney After a Serious Toddler Head Injury
When your toddler suffers a head injury, they can’t advocate for themselves. Injuries may be life-changing. The harm can impact the entire family.
Still, it isn’t easy to get the compensation that you deserve. You’re busy caring for your child and trying to process what has happened.
Bobby Jones Law protects the rights of minors. Call or message us now to talk to an attorney about a toddler head injury.
