Traumatic Brain Injury in Children

A child brain injury lawyer can help you get compensation if the brain injury was caused by someone else’s negligence or fault.

The human brain controls our thoughts and bodily functions, so when it is injured, the results can be devastating. Severe brain injuries can lead to paralysis, inability to communicate, changes in personality, coma, or death, and a child’s developing brain is particularly susceptible to injuries that can affect the rest of their life. According to the Brain Injury Association of America (BIAA), brain injury is the leading cause of disability and death in children and adolescents in the U.S. The BIAA notes that children suffer more serious outcomes, when compared to adults that have sustained a traumatic brain injury (TBI) of the same severity. As children’s brains are growing, it may be impossible to predict the ways in which a TBI can manifest – some cognitive or physical impairments may not surface until years later.

If your child has suffered a serious head injury due to someone else’s actions or negligence, you could be entitled to compensation that can help you provide the best future for your child. However, Pennsylvania personal injury laws are complicated, making mistakes can be costly, and insurance companies will try to get you to accept the lowest amount possible.

Fortunately, there is help available from the Philadelphia brain injury lawyers at Wapner Newman. We understand what you are going through and can take the burden off you by handling all legal hurdles and negotiations to fight for the optimum compensation your child deserves.

We offer a free consultation to discuss the circumstances of your case and determine the best way to help. Call the office of Wapner Newman to request your free consultation with an experienced personal injury attorney:

Call (215) 569-0900 now.

What Our Child Brain Injury Lawyer Can Do to Help

Our Brain Injury Attorneys Can Fight for Compensation for Your Losses Through a Child Brain Injury Lawsuit

To win your personal injury lawsuit, our brain injury attorneys must prove that your child’s brain injury was caused by the negligence, recklessness, or fault of another party (the defendant in the case). Legally, this means showing the following elements:

  • The defendant owed you a duty of care to prevent harm.
  • The defendant breached this duty by acting or failing to act.
  • This breach caused your injury.
  • You suffered actual damages as a result.

When you contact Wapner Newman, our attorneys will get to work for you right away. We will:

  • Meet with you to hear your version of what happened and who you think the liable parties might be.
  • Determine whether you have a valid case and what it may be worth.
  • Conduct investigations to gather evidence to prove how the brain injury occurred, such as by interviewing witnesses, and examining photographs and videos, and police, ambulance, and medical records and reports.
  • Locate all potential defendants who may have been at fault.
  • Get expert opinions from medical professionals, therapists, and life-care specialists as to how your child’s brain injuries will affect the child now and into the future and the care which will be necessary.
  • Negotiate with insurance companies and their lawyers for a fair settlement.
  • Build your case and bring it to court and present it in front of a judge and jury if necessary.

We are aware of the difficulties you and your family are facing and will be there for you throughout the entire process, answering your questions and concerns.

Child TBI Lawyer Explains What is a Traumatic Brain Injury

If Your Child Has Been Hurt, It’s Important to Know What Are Signs of Brain Injuries in Children

A traumatic brain injury (TBI) is defined as a form of acquired brain injury from a blow or jolt to head or a penetrating head injury that disrupts the normal function of the brain. A TBI can result when the head suddenly and violently hits an object or when an object pierces the skull and enters brain tissue. Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of damage to the brain.

The BIAA lists the many signs of traumatic brain injury that parents can reference if they believe their children have suffered a TBI. The BIAA says that symptoms can include:

  • Physical Impairment – speech, vision, balance, fatigue, coordination, seizures, etc.
  • Cognitive Impairment – memory loss, reading or comprehension difficulties, impaired concentration, etc.
  • Emotional Impairment – depression, anxiety, mood swings, difficulty controlling emotions, etc.

The BIAA also suggests that parents exercise caution and plan for the child’s return to school. Many of the changes children experience in the wake of a TBI can impact their ability to concentrate in the classroom and might also affect how they interact with teachers and fellow students. Make sure your child and their teachers are aware of the some of the challenges they might face.

Child Brain injury Lawyers Answer Frequently Asked Questions

If your child has suffered a brain injury, it’s natural to have questions and concerns. Here are some answers to questions our clients often ask:

Can you sue if your child suffers a brain injury at school?
In the United States, you may bring civil lawsuits and personal injury claims for negligent supervision of a minor child in one of two scenarios:

1. When a child is harmed due to improper care
2. When the child intentionally harms another without intervention of the adult responsible for them.

Negligent supervision claims can be raised in any setting, including school and sports. The person responsible for watching the child when an accident occurs or when a child causes harm can be sued, including a teacher or school official.

Sports coaches and supervisors may also be sued for negligent supervision if a child suffers a brain injury under their care. A sports coach who ignores signs of concussion in a student athlete, or who allows children to play sports without proper protective equipment, or sends children to work out in excessive heat or does not allow them to take sufficient breaks when exhausted, may be liable for injuries that result. You may also have grounds for a premises liability lawsuit if dangerous conditions at a sports facility or playground contributed to the injury.

In a successful case, our attorneys can win an award for compensation, called damages, for both economic and non-economic losses resulting from the injury. This may include:

  • Costs of medical treatment, continuing care and future medical costs, rehabilitation services, assistive devices and technology, and modifications to the home or vehicle
  • Lost wages, if parents are unable to work in order to care for a child
  • Non-economic damages that do not have a specific dollar value, such as physical pain and suffering, emotional distress, and loss in quality of life.

Settlement amounts vary greatly and may range from the thousands to millions of dollars depending on the circumstances involved. Some factors that affect settlement amounts are the severity and permanence of the injury, whether the child will need long-term continuing care, the availability of insurance and assets that can go toward a settlement, the inclination of the judge and jury, and the ability of your attorney to negotiate a settlement or present your case at trial.

In the tragic situation when you have lost a child as the result of a TBI, you might be able to recover damages through a wrongful death lawsuit. Our attorneys can help eligible family members sue for compensation and funeral expenses, as well as additional non-economic damages.

Sports and TBIs

About 21 percent of TBIs are sports-related. According to the American Association of Neurological Surgeons, the following sports/recreational activities represent the categories contributing to the highest number of estimated head injuries treated in U.S. hospital emergency rooms in 2018:

  • Cycling: 64,411
  • Football: 51,892
  • Baseball and Softball: 24,516
  • Basketball: 38,898
  • Powered Recreational Vehicles (ATVs, Dune Buggies, Go-Carts, Mini bikes): 30,222
  • Soccer: 26,955
  • Skateboards: 10,573
  • Exercise & Equipment: 37,045
  • Horseback Riding: 6,141
  • Golf: 6,357
  • Hockey: 7,668
  • Trampolines: 8,956
  • Rugby/Lacrosse: 10,901
  • Skating: 7,143
  • Playground Equipment: 38,915

The top 10 sports-related head injury categories among children ages 14 and younger are:

  • Playground Equipment: 35,058
  • Football: 31,277
  • Basketball: 20,242
  • Cycling: 19,921
  • Baseball and Softball: 12,065
  • Soccer: 12,709
  • Swimming: 9,265
  • Trampolines: 7,921
  • Powered Recreational Vehicles: 6,036
  • Skateboards: 3,101

Sports that parents may not consider dangerous have also been blamed for TBI in children. Cheerleading, for example, has caused more injuries as the stunts involved have grown more complex and challenging.

Protecting the Most Vulnerable

Children rely on adults to keep them safe. Infants are completely dependent on adults for care; and even as children grow and become more independent, they still need guidance and protection from adults. While TBI in children may occur due to a freak accident, adult negligence is often a factor.

A sports coach who ignores signs of concussion in a student athlete, an abusive caregiver – or even a parent who endangers children by driving recklessly – should be held accountable if their behavior results in a child’s TBI. At Wapner Newman, we know that these cases deserve a dedicated attorney who is willing to put in the time and effort to get clients the maximum amount of compensation. Our team is committed to giving our clients results, but we also want to offer assistance through the services of our support staff and our network of professionals that can help you find the care you need.

If your child has suffered a TBI, talk to one of the experienced personal injury attorneys at Wapner Newman. There are no costs to you unless and until we win your case, so call us for your free, no-obligation consultation today.

Free consultation. Call now (215) 569-0900.