According to the Brain Injury Association of America, in the United States, an average of 62,000 children, ages 0 to 19, suffer a traumatic brain injury that requires hospitalization. These brain injuries are usually a result of motor vehicle crashes, falls, sports injuries, physical abuse, medical malpractice, or other causes.
When a child suffers a brain injury, the negligent party may have to compensate for the child’s medical bills, pain and suffering, and, in some cases, a loss of future earning capacity. You should contact a catastrophic injury attorney to learn more about what you may be able to do if your child is injured. An attorney can tell you whether you are eligible for compensation for financial loss and any pain and suffering experienced because of your child’s brain injuries.
Brain Injuries That May Be Compensated
If your child has an alteration in the function of the brain due to an external cause, these types of brain injuries may be compensated. For example, an impact on the head may cause edema, the swelling of the brain. Since the brain cannot swell beyond the confines of the skull, this may cause pressure on the brain. If medical intervention is not quickly sought, the brain’s functions may be altered due to the pressure, causing physical, learning, or emotional disabilities that may last for the rest of the child’s life.
Diffuse axonal injuries, hematomas, and skull fractures are even more severe traumatic brain injuries that require immediate medical attention. Damage to the axons of brain cells, ruptured blood vessels, and skull fractures leaking cerebrospinal fluid may also change the brain’s function. Once the brain’s function is altered, the child may no longer be able to talk, walk, or do things they knew how to do before the incident.
Concussions are common, but they are still considered traumatic brain injuries. Concussions occur when the brain strikes the internal walls of the skull due to an external impact. The part of the brain that struck the skull may be altered, and symptoms like headaches, dizziness, and problems with concentration and memory may not appear for hours or days.
Once it has been determined that your child has suffered a brain injury, the next step is determining whether the incident that caused the brain injury resulted from negligence and whether you are eligible for compensation for it.
Signs Your Child May Have a Brain Injury
Children, especially younger ones, often cannot describe their symptoms the way an adult can, which makes it important to watch for physical and behavioral changes after any fall, crash, or blow to the head. Warning signs can include persistent headache, repeated vomiting, unusual sleepiness, irritability, confusion, changes in balance or coordination, and slurred speech.
Some symptoms do not appear right away. Your child may seem fine immediately after the incident and then develop headaches, mood changes, or difficulty concentrating at school days or even weeks later. Any time your child experiences a blow to the head, a prompt medical evaluation is worthwhile even if symptoms seem minor at first, both for your child’s health and to create a medical record connecting the injury to the incident.
How to Recover Compensation for Your Child’s Brain Injury
You must start a documentation process if the child’s brain injury was caused by a car accident due to negligence. Documentation includes but is not limited to:
- Taking pictures
- Getting a police report
- Talking to witnesses
- Documenting medical results and procedures
An incident causing your child’s brain injury may also happen on premises outside of your home, such as in schools, daycares, or on a neighbor’s property. You would need to find out where and why it occurred and always document your findings.
Premises Liability and School or Daycare Injuries
When a child’s brain injury happens at a school, daycare, or on someone else’s property, the case often turns on premises liability principles rather than traffic laws. Property owners and operators, including school districts and licensed daycare facilities, owe children a duty of care that accounts for the fact that children may not recognize hazards the way an adult would.
Claims involving schools and government-run daycare programs can involve shorter notice deadlines than a typical personal injury claim, since Texas law imposes special notice requirements for claims against government entities. Identifying whether a government entity is involved early in the process matters a great deal for preserving your child’s right to compensation.
What Are the Compensation Laws in Texas for Brain Injury Cases?
When your child’s brain is injured, this may create a tremendous shift in finances and your family’s way of living. Texas compensation laws help children and parents recover for present and future financial losses and non-economic damages. Some types of financial losses that happen from the time the injuries occurred include:
- Hospital stays
- Prescription drugs
- Rehabilitation
- Medical equipment
- Any other medical expenses
For some children, the hospital stay may be over nine days for a moderate traumatic brain injury. Patients with a brain injury requiring a stay in a rehabilitation center may have to stay for three months or longer, and if the damage is severe, intensive rehabilitation may cost around $1,000 a day. Future financial costs to consider include:
- Ongoing emotional and cognitive counseling
- Lost potential wages for the parents if they have to care for the child and cannot work
- Lost future earnings of the child
In Texas, the loss of earning capacity of the child may be recovered, though the parents will not personally receive this portion of the compensation. The recovered loss of earnings goes to the child once they reach the age of majority (Sax v. Votteler, 648 S.W.2d 661, 666 (Tex. 1983)). Parents may recover pain and suffering, such as emotional trauma, on behalf of the child as well.
The Texas Statute of Limitations for a Child’s Brain Injury Claim
Texas law generally tolls, or pauses, the statute of limitations for a minor’s personal injury claim until the child turns 18, under Texas Civil Practice and Remedies Code Section 16.001. This means your child generally has until their 20th birthday to pursue their own claim in most circumstances, though parents can also pursue certain claims, such as for medical expenses already paid, on a separate and often shorter timeline. Because these deadlines can vary depending on the type of claim and whether a government entity is involved, it helps to speak with an attorney soon after the injury rather than waiting.
Working With Medical Providers to Prove Your Child’s Damages
Brain injury claims often rely heavily on testimony from treating physicians and life care planners to connect the injury to its long-term effects. Neurologists, neuropsychologists, and life care planners can help establish how the injury may affect your child’s cognitive development, education, and future earning capacity. This kind of documentation is often what separates a modest settlement offer from one that actually reflects the lifetime cost of caring for a child with a serious brain injury.
Contact a Texas Personal Injury Attorney to Help With Your Child’s Brain Injury Case
If your child has suffered a brain injury due to someone else’s negligence and you do not know whom to turn to, consult Dale Rose. He understands the worry and financial pressure you are likely experiencing during this difficult time.
Many families have put their trust in Dale Rose, and you can too. He can work to help you pursue the compensation needed for your child’s brain injury, including medical equipment, in-home rehabilitation, and therapy costs. You can also read more about our firm and how we approach catastrophic injury cases involving children. To learn more about the compensation you may be able to recover for your child’s brain injury and other financial losses, complete our contact form for your free consultation today.
Frequently Asked Questions About Children’s Brain Injury Claims
How long do I have to file a brain injury claim on behalf of my child?
Texas law generally pauses the statute of limitations for a minor’s personal injury claim until the child turns 18, giving your child until roughly their 20th birthday to file in most cases. Some claims, such as those against a government entity, involve different and often shorter deadlines, so it is worth speaking with an attorney soon after the injury.
Can I recover money for medical bills I already paid for my child?
Yes, parents can typically seek reimbursement for medical expenses they have already paid on their child’s behalf as part of the overall claim. Keeping detailed records and receipts of every medical expense strengthens this part of the case.
Who receives compensation for a child’s lost future earnings?
Under Texas law, compensation for a child’s lost future earning capacity generally belongs to the child rather than the parents, and it is typically held until the child reaches the age of majority. Parents can still recover their own damages, such as pain and suffering experienced on the child’s behalf and out-of-pocket medical costs.
What if my child’s brain injury symptoms did not appear right away?
Delayed symptoms are common with concussions and other traumatic brain injuries, and a later diagnosis does not necessarily prevent you from pursuing compensation. Documenting the original incident and seeking prompt medical care once symptoms appear helps connect the injury to its cause.
Does a settlement for my child need court approval?
In many cases, Texas courts require approval of settlements involving a minor to make sure the terms are fair and that funds are properly protected until the child reaches adulthood. An attorney can walk you through this process so the settlement is structured correctly from the start.