Children's Brain Injury claim in 2024 - A Parent’s Guide
Watching your child struggle with the emotional impact of a brain injury is very painful and difficult. Filing children’s brain injury claim is an encouraging and rewarding process that will help you feel supported mentally and financially.
Symptoms of brain injuries in children
While symptoms of mild child brain injuries involve discomfort and minor memory loss, the symptoms of moderate to severe brain injury can be lifelong or even life-threatening. Therefore, children who suffer brain injuries are at higher risk of long-term physical and learning disabilities. They could even undergo complete and permanent personality changes. It’s important to remember that the sooner you provide effective treatment to your child, the better the outcome they will get.
Here are some warning signs a child might display as a result of a brain injury:
- Anxiety or depression.
- Behavioral changes.
- Difficulty while speaking.
- Lack of comprehension.
- Lack of concentration.
- Learning difficulty.
- Memory loss.
- Weakness in limbs.
How to treat brain injuries in children
Children’s brain injury claim are so diverse and spontaneous that there is no single cure. However, there are many treatments and rehabilitation programs particularly designed for children to regain some of the skills they lose after a traumatic or non-traumatic injury.
Rehabilitation will help them make improvements in life and gain as much independence as possible. Fortunately, various brain injury therapies are available to children at different stages of their recovery. Some of them are:
Your trusted children’s brain injury lawyer will ensure that funding is secured at an early stage to appoint a case manager who will help manage your child’s needs throughout their childhood. A children’s brain injury can often have additional learning requirements. Thus, the child’s needs will be assessed by the local authority and detailed in a Statement of Educational Needs.
In addition, a support worker can also be assigned to work with your child, particularly at school. The top healthcare experts will assure you that your child’s needs are fully assessed, and that they have all possible support to maximize their development. The case manager and support worker will work closely with you and your injured child, which means you must be involved in appointing these professionals.
Process of filing a claim for child brain injuries
If your child or anyone you know is suffering a brain or head injury, as their parent or legal guardian, you may be entitled to make a compensation claim on their behalf. The first step in supporting your child’s recovery and having a more financially stable future for them is choosing the right children’s brain injury lawyer. Get in touch with the Ethen Ostroff Law for a free case evaluation by calling 610-510-8883 or contacting us online.
Your attorney will go through the following process with you:
- Get the details of your child’s injuries and how they were sustained. Based on this information, your lawyer will assess your brain damage baby case and advise if they believe there is a reasonable prospect of success. As experts in this area, they can often help even if you have been turned down by other law firms.
- Gather evidence on the circumstances of your child’s injury to identify who the claim should be brought against.
- Investigate the extent of your child’s injuries, the impact on their lives, and their immediate needs. This includes liaising with healthcare providers and teachers to access their medical records and school reports.
- After investigating your child’s claim and obtaining sufficient evidence, your lawyers will contact the insurers of those responsible for your child’s injury and file a claim against them. If negligence is admitted, they will likely be able to provide you with a fair children’s brain injury claim settlement without any hassle.
- The top lawyers will also arrange for an independent medical professional to assess your child’s injuries and advise what treatment, rehabilitation, care, and support the child needs. This will help to calculate accurately the level of children’s brain injury claim compensation required.
Sometimes, filing a claim means waiting until your child has grown to completely assess the full extent of their injuries and the level of compensation they require. It is also likely that the defendant’s lawyer will request that your child see independent experts whom they have already instructed to make their assessments. Don’t worry! An experienced lawyer will always be there to guide and support you and your child at every stage of the process.
Moreover, the top lawyers will work to secure interim payments so your child can get access to vital rehabilitation, including medical treatment, care, and support, while the claim is ongoing. They will work with leading rehabilitation specialists, case managers, physiotherapists, occupational therapists, care providers, and education support to aid your child’s recovery and make daily life easier.
However, if liability is not accepted, they may have to go to court and let a judge decide the outcome. Nonetheless, even if your children’s brain injury lawsuit does go to court, many claims settle before the trial begins. If court proceedings start, the expert child brain injury team will be with you every step of the way and will work hard to secure maximum compensation.
Evidence to support child brain injury claims
Whatever type of accident your child has been involved in, you’ll need to show what happened, who caused the accident, and what head or brain injuries were sustained. There are several ways to do this. Here are a few to get started:
It is a good idea to ask the witnesses for their contact details. Later, your lawyer could ask them for a statement if the defendant denies liability.
Take pictures and videos with the help of your phone of the accident area.
Businesses are required to record all the injuries on their premises in an accident report book. Having a copy of the incident report would make it almost impossible for the defendant to deny that the accident took place.
The importance of proper medical treatment cannot be understated enough. After all, your child’s medical records could be obtained and used as evidence.