How to Recover Compensation for Your Child’s Brain Injury

05th April 2023     Sophia Hogg

How to Recover Compensation for Your Child’s Brain Injury

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 will have to compensate for the child’s medical bills, pain and suffering, and, in some cases, a loss of wages. Therefore, you should contact a catastrophic injury attorney to learn more about what you may do if your child is injured. They will tell you if 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 brain traumatic 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 that they knew how to do before the incident. 

Concussions are common, but they are 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. However, symptoms like headaches, dizziness, and problems with concentration and memory may not appear for hours or days.

So once it’s been determined that your child has suffered a brain injury, the next step is determining if the incident that caused the brain injury resulted from negligence and if you are eligible for compensation for it.

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’d need to find out where and why it occurred and always document your findings. 

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 compensate 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, the hospital stay may be over nine days for a moderate traumatic brain injury. However, patients with a brain injury requiring a stay in a rehabilitation center may have to stay for three months. If the damage is severe enough, intensive rehabilitation may cause $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 take care of the child and can’t work 
  • Lost future earnings of the child

Yes, in Texas, the loss of earnings capacity of the child may be recovered. However, the parents will not receive this compensation. The recovered loss of earnings will go to the child when reaching the majority age of 18 (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 too.

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 don’t know whom to turn to, consult Dale Rose. He understands the agony and financial worries you must be experiencing through this tough time.

So many clients have put their trust in Dale Rose, and you should trust him too. He will help you get all the compensation needed for your child’s brain injury, including medical equipment, in-home rehabilitation, and therapy costs. To learn more about the compensation you may receive for your child’s brain injury and other financial losses, contact us at (972) 634-ROSE (7673) or complete our contact form for your free consultation today.


Dale R. Rose

Personal Injury Lawyer

If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.

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