Special Considerations for Children and Traumatic Brain Injury Claims
Traumatic brain injuries (TBIs) can be devastating for anyone, but when they occur in children, the impact can be particularly profound. Children’s brains are still developing, making them more susceptible to long-term damage from injuries. In Las Vegas, at Mainor Ellis, we understand the unique challenges of handling TBI cases involving young victims is essential for families seeking justice and compensation.
The Unique Impact of TBIs on Children
Children’s brains are different from adults’ in several key ways. They are still growing and forming crucial neural connections, which means a TBI can disrupt not just current function but also future development. Unlike adults, children may not immediately show the full extent of their injuries. Symptoms can evolve over time, manifesting as cognitive delays, behavioral changes, and learning difficulties as the child grows older.
Growth and Development Considerations:
One of the most challenging aspects of handling a TBI case involving a child is accounting for the injury’s potential impact on the child’s development. TBIs can affect a child’s ability to learn, process information, and develop social skills. As a result, educational performance can suffer, and the child may require special education services or individualized support. Additionally, some TBIs can cause physical disabilities that affect a child’s motor skills, coordination, and overall physical development.
Challenges in Legal Claims Involving Children with TBIs
When pursuing a legal claim for a child’s TBI, several unique challenges must be addressed to ensure that the child receives the compensation they need for comprehensive care.
- Proving the Extent of the Injury:
Unlike adults, where the impact of a TBI can often be immediately and clearly demonstrated, children’s injuries may not be fully apparent until years after the accident. This makes it crucial to have a thorough medical evaluation and ongoing assessments to document how the injury affects the child over time. - Calculating Long-Term Costs:
The financial impact of a TBI on a child can be substantial. It’s not just about covering immediate medical expenses but also considering the long-term needs that may arise as the child grows. These can include future medical care, rehabilitation, therapy, special education, assistive devices, and modifications to the home environment. In some cases, lifelong care may be necessary, significantly increasing the financial burden on the family. - Dealing with Insurance Companies:
Insurance companies often downplay the severity of TBIs in children, arguing that children are resilient and may recover fully. However, this is not always the case, and it’s crucial for families to have skilled legal representation to advocate for the full extent of the compensation needed to cover long-term care and rehabilitation. - Navigating Nevada’s Legal System:
Understanding the specific laws in Nevada that pertain to personal injury claims involving minors is essential. There are different statutes of limitations for filing claims on behalf of a child, and in some cases, settlements may need court approval to ensure they are in the best interests of the child.
Ensuring a Child’s Future After a TBI
At Mainor Ellis, our Las Vegas traumatic brain injury lawyers understand the complexities of handling traumatic brain injury cases involving children. We are dedicated to helping families navigate these challenges and secure the compensation needed to support their child’s recovery and long-term well-being. Our experienced attorneys work closely with medical professionals, educational consultants, and life care planners to develop a comprehensive understanding of the child’s needs and fight for the compensation they deserve.
Source:
cdc.gov/traumatic-brain-injury/media/pdfs/TBI-ReporttoCongress-508.pdf
