The Legal Implications of a Traumatic Brain Injury in Children
As a parent, there are few experiences more devastating than seeing your child suffer a serious injury due to someone else’s negligence. When that injury affects your child’s brain — the very center of their development — the impact can be overwhelming.
Please know that you’re not alone in this journey, and that you have options to help secure the support your child needs. The key legal implications to consider when pursuing compensation for a traumatic brain injury in children include:
- Long-term medical care and rehabilitation requirements
- Educational accommodations and support needs
- Future earning capacity and employment potential
- Overall quality of life impact
- Family-wide financial considerations
- Time limits for legal action
The complexity of brain injury cases, particularly those involving a child, makes working with an experienced legal professional absolutely vital. A qualified Houston personal injury lawyer from Grimes & Fertitta can help ensure your child receives the compensation they deserve to support their recovery and future needs.
Call 713-224-7644 or contact us online to schedule your consultation and take the first step towards securing your child’s future.
1. Long-term medical care and rehabilitation requirements
One of the most critical components of your child’s TBI case is documenting and proving the full scope of their future medical needs. Unlike a simple injury that heals completely, a traumatic brain injury often requires ongoing care throughout your child’s life. Courts and insurance companies need clear evidence of these future medical requirements to award appropriate compensation.
Your legal team will work with medical experts to document every aspect of your child’s anticipated care, including:
- Ongoing rehabilitation and therapy
- Future surgical procedures
- Specialized medical equipment
- Regular medical evaluations and adjustments to treatment plans
Remember, insurance companies often focus on immediate medical costs while downplaying long-term care needs. Your brain injury lawyer in Houston’s role is to demonstrate how these ongoing medical requirements will impact your child’s life and why full compensation for future care is essential for their well-being and development.
Learn more: Can you sue an insurance company for taking too long?
2. Educational accommodations and support needs
A TBI can significantly impact your child’s learning abilities, attention span, memory, and overall academic performance. In a traumatic brain injury lawsuit, without proper documentation of your child’s educational needs, they may not receive the financial support needed to access essential academic resources throughout their education.
So, what are the implications of traumatic brain injury? Your legal team will work with educational experts to demonstrate the necessity of:
- Special education services
- Individual Education Plans (IEPs)
- Assistive technology for learning
- Educational therapy and tutoring
Keep in mind that educational needs can change dramatically as your child progresses through different academic levels. What works in elementary school may need significant adjustment in middle school, high school, and beyond. Your settlement must account for these changing needs and the potential for additional support services throughout your child’s entire educational journey.
3. Future earning capacity and employment potential
In a TBI lawsuit, one of the most challenging aspects to quantify is the impact on your child’s future earning capacity and employment potential. While it may seem premature to consider when your child is young, documenting these long-term economic effects can help secure appropriate compensation.
Your brain injury case must account for:
- Potential lifetime earning capacity
- Future employability considerations
- Long-term care requirements
- Vocational training or support needs
Insurance companies often attempt to minimize these future economic impacts, particularly when the injured party is a child. They may argue that it’s impossible to predict a child’s career path or earning potential. However, your legal team will work with economic and vocational experts to calculate and demonstrate these future losses.
4. Overall quality of life impact
When seeking compensation for a child who has suffered a TBI, demonstrating the impact on their quality of life is particularly significant because it affects every aspect of their development and future. While medical bills and educational costs can be calculated with relative precision, the profound personal toll of a brain injury requires careful documentation and expert testimony.
Your legal team will need to address these critical quality-of-life factors:
- Pain and suffering
- Loss of enjoyment of activities
- Emotional distress
- Impact on social development and relationships
The impact on quality of life often becomes more apparent as your child grows and faces new developmental challenges. Therefore, settlements for brain injuries must account for both current and future effects to ensure your child receives fair compensation for these life-altering changes.
5. Family-wide financial considerations
Unfortunately, cases of traumatic brain injury in children often affect the entire family’s economic stability. Understanding and documenting these family-wide financial considerations is essential for securing comprehensive compensation that accounts for all aspects of your family’s needs.
Your legal team can work with financial experts to help demonstrate these crucial financial factors:
- Caregiver costs
- Lost wages for parents providing care
- Home modifications
- Family counseling and support services
In Texas, the law recognizes these family-wide impacts through what’s known as “loss of consortium” claims, which acknowledge the strain on family relationships and the changes in family dynamics. Additionally, parents may be entitled to different types of legal damages for mental anguish and emotional distress as witnesses to their child’s ongoing challenges.
6. Time limits for legal action
While you’re likely focused on your child’s immediate medical needs, you should be aware that the clock on pursuing compensation is ticking. The legal system provides special considerations when children are injured, but these provisions can be complex and vary by circumstance.
Your attorney will help you navigate these important timing factors:
- Special provisions for minors: The law recognizes that children need special protection and typically “tolls” or pauses the statute of limitations until they reach 18. This means you may have additional time to file a claim on your child’s behalf even after the standard deadline has passed.
- Extended timeframes for filing claims: Many states provide longer periods to file claims involving children with brain injuries, acknowledging that some effects may not be immediately apparent and may only become clear as the child develops.
- Texas-specific regulations: Different rules may apply depending on how the injury occurred. For example, if your child was injured at school in Texas, you may have as little as 90 days to file a notice of claim.
- Guardian ad litem requirements: The court may require appointment of a guardian ad litem to protect your child’s legal interests, particularly in cases involving significant settlements. This person helps ensure any settlement adequately provides for your child’s future needs.
Despite these extended timeframes, you should begin working with an attorney as soon as possible. Early action helps preserve evidence, document symptoms and impacts, and ensures all deadlines are met. Additionally, starting the legal process early allows your legal team to coordinate with medical providers to document your child’s ongoing care needs and future requirements as they’re happening.
How is traumatic brain injury classified in children?
You’re likely already familiar with the medical definition of traumatic brain injury from your child’s healthcare providers, but when it comes to pursuing compensation for negligence, the legal classification becomes particularly important. In legal proceedings, TBI is typically classified based on both the severity of the initial injury and its long-term impact on your child’s functioning.
Mild TBI/Concussion
Even though it’s called “mild,” these injuries can have serious long-term consequences. In legal terms, mild TBI is characterized by:
- Loss of consciousness lasting less than 30 minutes
- Temporary confusion or disorientation
- Subtle behavioral or cognitive changes
- Potential long-term effects that may not be immediately apparent
Moderate TBI
From a legal perspective, moderate TBI involves:
- Loss of consciousness lasting 30 minutes to 24 hours
- Clear evidence of brain trauma through imaging
- Documented cognitive, behavioral, or physical impairments
- Measurable impact on daily activities and functioning
Severe TBI
In legal proceedings, severe TBI is characterized by:
- Loss of consciousness exceeding 24 hours
- Significant brain damage visible on imaging
- Profound impairment of cognitive, physical, or emotional functioning
- Clear evidence of long-term disability and care requirements
Has your child suffered from a TBI on account of someone else’s negligence? Let us fight for your family.
Dealing with the significant legal demands that follow traumatic brain injuries in children, while also caring for your injured child, can feel overwhelming. At Grimes & Fertitta, we understand that your primary focus needs to be on your child’s recovery and well-being, not on fighting tireless legal battles.
While other law firms might treat your case as just another personal injury claim, we understand that brain injury cases involving children require special attention, expertise, and dedication. Our attorneys take a personalized approach, ensuring that every aspect of your child’s injury — from medical needs to educational requirements, from quality of life impacts to family-wide considerations — is thoroughly documented and aggressively pursued.
Don’t wait to secure the legal support your family needs. Contact Grimes & Fertitta today at 713-224-7644 or contact us online to schedule a consultation. Let us be your family’s advocate in securing the compensation your child needs for the best possible future.
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