The CDC reports that 3.2% of children 17 and younger will suffer a concussion or brain injury. A child may receive compensation for a brain injury. Bobby Jones Law explains what to know about your child’s case.
Can a Child Receive Brain Injury Compensation?
A child may qualify to receive brain injury compensation if someone else is at fault for their injuries. A claim can be based on accidental injury resulting from negligence or other grounds for liability. Compensation may include both economic and non-economic losses and current and future damages.
The child may claim compensation through a parent, guardian, or other person who brings the case on their behalf. They may have an attorney represent them.
Common Causes of Brain Injuries in Children
- Car accidents
- Falling from an elevated surface
- Blunt force trauma, or an object piercing the brain
- Amusement park accidents
- Sports injuries
- Child abuse
- Defective products
- Dog bites, animal attacks
- Drowning and pool accidents
- Poisoning
An acquired or traumatic brain injury occurs after birth as the result of trauma rather than something congenital that a child is born with.
Short-Term vs. Long-Term Effects of Pediatric Brain Injuries
A brain injury may affect a minor child in the short term or for the rest of their life.
Short-term effects
Immediately after a brain injury, a child may experience loss of consciousness, imbalance, and disorientation. They may also have headaches and be sensitive to light and sound. Eye movements may be abnormal and asymmetrical. The child may have difficulty communicating and trouble processing and responding to information.
Long-term effects
Pediatric brain injury can change the course of a child’s life. They may experience physical health difficulties like vision abnormalities, loss of motor skills, headaches, and seizures. There may also be changes in bodily systems and functions, such as heart rate, breathing, and high blood pressure.
Cognitively, a child may experience learning difficulties, struggle with executive function, and have poor social skills. Their personality may change. Behavior may become problematic as the child finds communication, learning, and social interactions more difficult.
Types of Compensation Available for Child Brain Injuries
Child brain injury compensation should reflect the harm that has occurred and the defendant’s legal fault. A child who suffers a brain injury will suffer physically, financially, and personally.
Physical losses
- Physical injury
- Physical pain
- Immobility
- Disability
- Depending on others for personal care
- Shortened life span
- Requiring additional medical care in the future
Financial losses
- Emergency medical bills
- Future medical bills
- Physical therapy
- Personal care support
- Mental health services
- Over-the-counter and ancillary medical supplies
- Mobility assistance devices
- Reduced ability to earn income
Personal losses
- Mental anguish
- Feeling of personal loss, wondering what could have been
- Scars and disfigurement
- Potential career changes and loss of standing in society
A child may seek monetary compensation for these losses. Compensation is not limited to expenses incurred before and during the claim, as a child may claim compensation for current and future damages.
Proving Negligence in a Child Brain Injury Case
A child’s brain injury case begins with establishing fault. Like other claims, the child must prove the fault of the defendant. Because child brain injury claims tend to seek high dollar amounts, defendants often aggressively fight these claims.
Negligence is the basis of most claims. It is a lack of reasonable care, either by action or inaction, based on the circumstances. For example, someone driving who runs a red light is likely responsible for negligence. As the person claiming compensation, the plaintiff—or, in the case of a child, the representative acting on their behalf—must prove what happened. They may rely on witnesses, experts, analysis, tests, photographs, videos, records, and other evidence.
There are other grounds for a claim, too, such as reckless or intentional conduct. A defective product claim may be based on strict liability.
How Brain Injuries Affect a Child’s Future Needs
A brain injury may affect a child in the years to come. They may need specialized education, therapy, and personal care. They may live independently with support or may require residential placement. Career options and income potential may change.
The child’s future losses may be claimed, but they must be documented. One reason it’s important to work with a child brain injury lawyer is to have a professional who can assist you in identifying future damages. Your attorney can prepare the evidence needed to claim for the child’s future needs.
Part of settling a case for child brain injury compensation is addressing how the funds will be structured. The funds must provide for the child’s immediate needs and protect their future. Your lawyer can help you structure an award to address the child’s future needs.
The Role of Medical Experts in Child Brain Injury Claims
Medical experts in a child brain injury claim can speak to the following:
- How the injury is the result of the accident (causation)
- Short-term impact on the child
- Long-term harm, including physical, cognitive, and behavioral changes
Medical experts can assist in proving the causation of injuries and damages. The child’s care providers may be factual witnesses, but additional medical experts may be needed to discuss the various aspects of the claim. There is a special procedure to admit expert testimony. Your lawyer can handle this procedure as part of their representation.
Is there a time limit for a child to claim compensation for a brain injury?
Like all personal injury cases, a child brain injury claim has a time limit. The legal term for a time limit to start a case is a statute of limitations. When the victim is a minor, the time limit is different in South Carolina than it is in adult cases.
Learn more about the statute of limitations in South Carolina for personal injury claims involving minors.
Contact an Experienced Personal Injury Lawyer
If your child has suffered a brain injury, contact an experienced personal injury lawyer at Bobby Jones Law. We help children get the financial award they need and deserve following a brain injury. Call or message us now.
