Traumatic brain injuries (TBIs) are always a serious matter, but it is particularly worrisome when a child sustains a TBI. Injuries that occur while the brain is still developing can have profound long-term effects, and it is critical for parents to protect their children’s legal rights. Rehabilitation after a TBI can be expensive and, in cases involving long-term complications, a child may need special accommodations in school, tutors, and even in-home caregivers for years to come. These kinds of issues can result in significant losses, including financial losses, lost opportunities, and physical and emotional pain and suffering—all of which are compensable losses under Indiana law.
What is a TBI?
A traumatic brain injury is a type of injury that interferes with the way the brain normally functions. People who sustain mild TBIs often experience significant complications for weeks or even months, and severe TBIs can result in long-term problems with speech, comprehension, memory, and motor control.
How Do Children Sustain Traumatic Brain Injuries?
Any accident that can result in a bump or blow to the head can cause a TBI. In fact, sometimes, a brain injury can occur even without contact—TBIs can also occur if the head snaps backwards and forwards on the neck with enough force to make the brain rattle around within the skull. Here are some of the specific types of accidents that can result in TBIs in children:
- Slip and fall accidents
- Bicycle accidents
- Playground accidents
- Sports and recreational accidents
- Motor vehicle accidents
- Amusement park accidents
- Pool and spa accidents
If you’ve navigated to this blog post, chances are that your child has recently sustained a TBI in an accident. Because of the potential consequences of this type of injury, it is critical that you do everything you can to protect his or her rights. Here are some of the steps you can take to ensure that the legal part of your child’s TBI case comes to the most favorable resolution possible.
- Document the way your child’s accident occurred. If it occurred at a commercial establishment or school, make sure that the appropriate party generates an incident report If it was the result of a hazardous condition that caused your child to fall, take pictures of that condition and document whether someone fixed it after your child’s accident.
- Have your child evaluated by a medical professional as soon as you can after the accident and make sure to have your child attend all follow-up appointments and engage fully in his or her treatment plan—which may just involve rest and avoiding stimulation like video games or television.
- Obtain names, phone numbers, and addresses of all witnesses.
- Document the way your child has been affected by his or her injuries. Make note of things like changes in personality, mental acuity, enjoyment of life, and any pain or discomfort he or she is experiencing.
- Call an experienced lawyer as soon as you can. Insurance companies will frequently try to find a way to assign fault to your child and you should not talk to them before being fully advised of your legal rights.
Call Indiana Personal Injury Attorney Merry Fountain Today for a Free Consultation
Indianapolis personal injury lawyer Merry Fountain is a skilled injury advocate. If your child suffers a traumatic brain injury in the greater Indy area—Indianapolis, Carmel, Fishers, Westfield, Zionsville, Brownsburg, Avon, Kokomo, Lebanon—she’s here to help. Call her anytime at 1-888-242-HURT (4878), or simply click Tell Us About Your Case for a free consultation.