Legal Help When Your Child Has a Brain Injury
If your child has sustained a brain injury in an accident, a brain injury attorney in Longwood, Florida at David & Philpot, L.P. is here to assist you and your family. We know that a brain injury can cause heartache and stress in a family, especially when you are pursuing a legal claim after an accident. This can get even more complicated when it is your own child. To discuss the details of your child’s accident and injury or to set up an appointment with one of our brain injury attorneys, call our office to get started on your case.
Getting a brain injury can impact anyone, whether they are a child or an adult. It can be temporary or permanent and cause the person to think, feel, and act differently. However, when a child has a brain injury, the situation can seem a great deal scarier because the child may be unable to properly explain his symptoms or communicate what he or she is feeling.
What Is a (TBI) Traumatic Brain Injury?
A traumatic brain injury goes by a few names, including simply a brain injury or an acquired brain injury. A brain injury can be the result of many things, including any sudden blows or trauma to the head and skull that can cause brain damage. Examples of ways a child can get a brain injury are through playing roughly at recess, being tackled during sports, or being in a car accident.
How Brain Injuries Affect Children Differently Than Adults
Although brain injuries are serious no matter who they afflict, certain aspects of a brain injury are different with children. A child’s brain is still developing and it is difficult to determine the full loss of brain function. This is why you should consult with a Longwood, FL brain injury attorney.
Developing Brains
Unlike adults, a child’s brain still has many years to go before it is fully developed. In fact, because a child’s skull is softer and more fragile than an adult’s, less severe impact or blows can still cause an extreme amount of damage.
Loss Of Brain Function
Particularly with younger children, it can be harder to determine just how substantial a loss of brain function there is after a traumatic brain injury. While most adults have track records of how they typically function through work evaluations, job histories, and various academic records, a child will not necessarily have those benchmarks. A brain injury attorney in Longwood, FL knows these injury cases for children can be more complex than for adults.
What Kind of Compensation Would We Expect?
When you make a claim after your child has suffered from a brain injury, there are certain types of compensation a brain injury attorney can argue for. Some of these are:
- Your child’s pain and suffering
- Loss of future earning potential
- Medical bills
- Behavioral and physical therapy
Answering Your Questions About Traumatic Brain Injuries
Brain injuries bring with them plenty of complex legal and medical matters. It’s normal to ask questions about these things. If you’re ready for answers, take a look at our brain injury FAQ below.
Who is at the highest risk for traumatic brain injuries?
Believe it or not, men are more than 1.5 times more likely to sustain a traumatic brain injury than women are. People who are employed by the military or who participate in high-level contact sports like American football are also at high risk for traumatic brain injuries.
What are the most common symptoms of a traumatic brain injury?
Some of the most common symptoms of brain injury include frequent headaches, excessive fatigue, dizziness, difficulty concentrating, balance issues, and vision problems. If you’re experiencing one or more of these symptoms, it’s critical to seek medical attention immediately.
What are the most common causes of traumatic brain injuries?
Falls are the number one leading cause of traumatic brain injuries. These are followed closely by automobile accidents, sports injuries, and assaults. A traumatic brain injury may also be caused by a blast injury, which is most common among military personnel.
Can I file a lawsuit if my child has suffered from a traumatic brain injury?
Yes. That being said, the legal claim you bring into court is crucial to the success of your case. It’s important to speak with an attorney who has experience specifically in brain injury litigation for the best results. This is why a brain injury attorney in Longwood, Florida is the right person for the job.
What kind of claim can I bring for my child’s traumatic brain injury?
The most common claim for traumatic brain injuries is negligence. This means another party is being held legally responsible for causing a traumatic brain injury. For example, if you sustained a traumatic brain injury in a car accident where the other driver knowingly ran through a red light, it could be considered negligence.
What are the benefits of pursuing brain injury litigation?
The biggest benefit of pursuing brain injury litigation is the possibility of a substantial damage award. Brain injuries, depending on their severity, can cause lifelong cognitive issues and disabilities. In some cases, a victim may require lifelong assistance. Injuries like this, which accrue astronomical medical fees and can lead to loss of work, typically are eligible for damage awards if litigation is successful.
Can I still pursue litigation if my child’s brain injury happened years ago?
The answer to this question will vary based on your state’s statute of limitations. While it’s always best to take action as soon as possible after sustaining a traumatic brain injury, some states may allow a period of several years in which a victim or their guardians/parents can bring their claim to court.
Traumatic brain injuries are complex in both a medical and a legal sense. If your child has suffered from a traumatic brain injury, don’t hesitate to get the legal representation you deserve.
How Can We Help You?
David & Philpot, P.L. is here to help your family recover after someone else’s negligence caused your child’s brain injury. Your child has the right to grow up living a healthy life, and we can help you with your claim. To schedule a free and confidential consultation with a brain injury attorney Longwood, FL clients recommend from our firm, call our office today.