Traumatic brain injuries in children require special legal and medical considerations. Developing brains are particularly vulnerable, and TBI can affect cognitive, emotional, and social development in ways that may not become fully apparent for years.

Children's Brain Vulnerability

  • Developing brains are more susceptible to injury
  • Damage can disrupt normal development trajectories
  • Effects may not appear until developmental milestones are missed
  • Proportionally larger heads in young children increase injury risk

Common Causes of Pediatric TBI

  • Falls – Leading cause in young children
  • Sports injuries – Concussions in youth athletics
  • Motor vehicle accidents – Crashes, pedestrian/bicycle accidents
  • Abuse – Shaken baby syndrome, physical abuse
  • Birth injuries – Oxygen deprivation, traumatic delivery

Delayed Recognition of Effects

TBI effects in children may not be apparent until later:

  • Academic struggles appearing when school demands increase
  • Social difficulties emerging in adolescence
  • Executive function deficits becoming apparent in teen years
  • Employment challenges appearing in adulthood

Legal Considerations

Long-Term Damages

Children have many decades ahead, making lifetime damages substantial:

  • Lifetime medical and therapy costs
  • Lost earning capacity over 40+ year career
  • Educational support needs
  • Long-term supervision if needed

Statute of Limitations Tolling

Most states toll (pause) statutes of limitations for minors, allowing claims to be filed after they reach adulthood.

Guardian Ad Litem

Courts appoint a guardian ad litem to protect children's interests in litigation, particularly for settlement approval.

Structured Settlements

Courts often require children's recoveries to be placed in structured settlements or protected accounts.

Expert Needs

  • Pediatric neurologist – Childhood brain injury expertise
  • Pediatric neuropsychologist – Child-appropriate cognitive testing
  • Educational specialists – Academic impact assessment
  • Life care planner – Lifetime needs projection

Conclusion

Pediatric TBI cases require understanding of child development and projection of lifetime impact. Experienced pediatric TBI attorneys ensure claims account for needs that may not become fully apparent for years.