As a parent, your first instinct is to protect your child. But what happens when something beyond your control puts your child in danger?
Car accidents and other traumatic events can leave more than just visible injuries. One of the most serious and difficult-to-detect outcomes is a traumatic brain injury (TBI).
At Crosley Law, we have extensive experience researching TBIs and advocating for TBI victims. We have seen firsthand how devastating TBIs in children can be, and how insurance companies and negligent parties try to downplay these injuries even when a child is clearly not the same afterward.
If you suspect your child may have suffered a brain injury after an accident, here’s what you need to know—and how a San Antonio brain injury lawyer can help protect your child’s health and your family’s future.
Understanding TBIs in children: Why they can be overlooked
Traumatic brain injuries occur when a blow or jolt to the head disrupts the brain’s normal function. In children, these injuries are especially concerning because their brains are still developing. Even a “minor” TBI can lead to long-term developmental, behavioral, and cognitive issues.
According to the NIH, falls, unintentional blunt trauma, and motor vehicle accidents are the leadings causes of TBI in children. Car accidents in particular are the leading cause of TBI-related death in children over the age of 5.
The signs of a TBI in a child can look very different than in adults. In fact, children may not be able to explain their symptoms at all, especially if they are very young. That means it falls on the parents to recognize the warning signs.
Common signs of a TBI in children
TBI symptoms in children can range from subtle to severe and may not appear immediately after an accident. Some signs you should watch for include:
In infants and toddlers:
- Unusual irritability or fussiness
- Loss of interest in favorite activities or toys
- Changes in sleeping patterns (difficulty sleeping or sleeping more than usual)
- Vomiting without another clear cause
- Difficulty nursing or eating
- Changes in mobility (e.g., crawling or walking)
In older children and teens:
- Headaches or complaints of head pressure
- Dizziness or loss of balance
- Trouble concentrating or completing tasks
- Slurred speech or confusion
- Sensitivity to light or noise
- Mood swings or sudden changes in personality
- Trouble remembering recent events
- Loss of consciousness (even briefly)
If your child has experienced any of these symptoms after a car crash, sports injury, or fall, they may have suffered a traumatic brain injury and should be evaluated by a doctor right away.
Prompt medical attention for a TBI is critical
Early medical care is essential for two reasons: protecting your child’s health and protecting your legal rights.
Some brain injuries can worsen without treatment. Even a mild concussion can have a serious impact if not properly managed. Doctors can conduct neurological exams and order imaging tests, like CT scans or MRIs, to evaluate your child’s brain function.
From a legal perspective, having documentation from a medical professional can be critical if you need to pursue a personal injury claim. Insurance companies often argue that the injury isn’t serious or wasn’t caused by the crash. Timely medical records help counter these arguments.
RELATED: How neurologists help traumatic brain injury lawyers prove cases
What to do if you suspect a TBI in your child
Here are the steps parents should take if they believe their child may have suffered a traumatic brain injury:
- Seek immediate medical attention
Always err on the side of caution. Take your child to the ER or pediatrician as soon as symptoms arise.
- Document everything
Keep a detailed journal of your child’s symptoms, behavior changes, and doctor visits. Take photos of any visible injuries and keep copies of all medical records and reports.
- Follow all medical recommendations
TBI recovery can be a long road. Make sure your child attends all follow-up appointments, therapy sessions, and treatments.
- Watch for delayed symptoms
Some brain injury symptoms may not show up until weeks after the accident. Continue monitoring your child closely.
- Contact a personal injury lawyer with experience in TBI cases
TBIs are complex injuries, and children’s case requires even more care and attention. If someone’s negligence contributed to your child’s brain injury, you deserve compensation that will help cover medical bills and future needs.
An experienced San Antonio brain injury lawyer understands the science of brain injuries and how to deal with insurance companies and defense lawyers who try to minimize your child’s injuries.
How Crosley Law helps families after a child’s TBI
At Crosley Law, we specialize in personal injury cases involving traumatic brain injuries, including those affecting children. We understand the unique medical and legal challenges these cases present and are committed to helping families through the most difficult times of their lives.
Here’s how we support our clients:
1. Investigating the cause of the injury
We work with accident reconstruction experts, medical professionals, and other specialists to determine exactly how the injury occurred and who is responsible.
2. Working with pediatric brain injury experts
We consult with trusted neurologists, neuropsychologists, and other pediatric specialists to fully understand your child’s current condition and future needs.
RELATED: How medical experts can make or break your personal injury case
3. Discussing a life care plan
When a child suffers a serious brain injury, the long-term costs can be staggering. If needed, we work with experts who develop a life care plan that estimates the cost of future medical care, therapy, special education, assistive devices, and more so your settlement reflects your child’s actual needs.
RELATED: What is a life care plan and why does it matter in personal injury cases?
4. Holding negligent parties accountable
Whether your child’s TBI was caused by a negligent driver, a defective car seat, or another unsafe condition, we pursue every avenue to hold the responsible parties accountable.
5. Standing up to insurance companies
We know how to push back when insurers try to delay, deny, or diminish your claim. Our firm has earned a reputation for thorough preparation and aggressive advocacy.
What can compensation cover in a child TBI case?
Compensation in a child brain injury case should account for both immediate and long-term needs. This may include:
- Emergency medical care and hospitalization
- Diagnostic imaging (CT, MRI)
- Follow-up visits with specialists
- Occupational, physical, or speech therapy
- Counseling or psychological support
- Tutoring or special education services
- In-home care or assistive devices
- Lost income if a parent must stop working to care for the child
- Pain and suffering, emotional distress, and reduced quality of life
No amount of money can undo the trauma your child has suffered. But a fair settlement or verdict can provide the resources your family needs to support your child’s recovery and future.
RELATED: What’s an average settlement for a child in a car accident in Texas?
We have gotten results for children and their families
Our traumatic brain injury case experience has proven to make a difference in cases that have changed families’ lives. Here are a couple examples:
- We obtained a $30 million settlement for the family of a 4-year-old girl who suffered brain injuries after a fall from a third-floor apartment window. The fall was traced to faulty window latches that had been unknown to the parents and neglected by the apartment complex.
- We obtained a nearly $5.5 million settlement for the family of a 16-year-old client who suffered a severe brain injury after falling through an unaddressed hazard at a trampoline park.
Results for brain injury cases can vary greatly depending on the circumstances, but we fight for the full compensation our clients need both now and in the future. See more case studies on our results page.
Talk to an experienced San Antonio brain injury attorney
If your child is showing signs of a TBI after a car accident or another traumatic event, don’t wait. Get them the medical care they need and contact Crosley Law as soon as possible. Our team has decades of experience handling complex brain injury cases, and we’ll fight to get your family the justice and compensation you deserve.
We begin every case with a free consultation where we listen to your story, answer your questions, and explain your legal options. Schedule your consultation with a San Antonio brain injury lawyer by calling (210) 529-3000 or filling out the contact form on our website.
The content provided here is for informational purposes only and does not constitute legal advice.
