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How Traumatic Brain Injuries Affect Children in Personal Injury Cases

A new study in the British Journal of Sports Medicine found that children who sustain concussions via a Traumatic Brain Injury (TBI), are four times more likely to suffer additional concussions than other children who have no previous concussion history. This new information has major implications for how pediatric concussion and traumatic brain injury cases are going to be litigated in the future.

Has your child or a loved one suffered a traumatic brain injury, like a concussion, because of the fault of another party? Give us a call at 845-600-0000 today to schedule a free legal consultation at our personal injury offices in Kingston, NY or Poughkeepsie, NY.

What is the definition of a traumatic brain injury?

According to the American Speech-Language Hearing Association, a TBI is “a form of nondegenerative acquired brain injury resulting from a bump, blow or jolt to the head, or a penetrating head injury that disrupts normal brain function.”

The three categories of TBI include the following symptoms:

  • Mild TBI – loss of consciousness for under thirty minutes, post-traumatic amnesia for less than 24 hours. Concussions are an example of an mTBI
  • Moderate TBI – loss of consciousness and/or post-traumatic amnesia for up to one day
  • Severe TBI – loss of consciousness for more than a day, and a post-traumatic amnesia for more than seven days

Traumatic brain injuries are the leading cause of death and disability for children. According to the Centers for Disease Control and Prevention, over 62,000 children a year suffer brain injuries that require hospitalization, caused by accidents like sports injuries, car accidents, falls, physical abuse and more. Additionally, 564,000 children go to the emergency room every year for less serious brain injuries. 

The symptoms of traumatic brain injuries range from physical, cognitive, social and emotional.

TBIs are defined as a non-degenerative brain injury that results from a blow, bump or jolt to the head, or a penetrative injury that disrupts normal brain function.

When would a child’s TBI warrant a personal injury lawsuit?

There are many possible causes for a TBI. If a child’s TBI was caused by someone else’s negligence, you should consult a personal injury lawyer in the Hudson Valley to go over your options.

There are many possible costs and damages associated with a pediatric TBI. They include:

  • Medical expenses in the past and future
  • Lost future wages
  • Pain and suffering
  • Emotional anguish
  • Loss of enjoyment of life

The significance of the new study in the British Journal of Sports Medicine is that once a child sustains a TBI, they are much greater risk for another one, which has ramifications for their future wages, loss of enjoyment of life, and future medical expenses. Because the human brain is still developing up to the age of 25, the long-term repercussions of a pediatric TBI are different than for adults.

Who could be responsible for a pediatric brain injury?

Some of the possible responsible parties are:

  • Drivers – did another driver contribute to an accident that resulted in a TBI?
  • Property Owners and Business Operators – did a property owner or business operator fail in their duty to create a safe environment for visitors?
  • Medical practitioners – did a medical provider fail to meet their duty of care?
  • Manufacturers – did a manufacturer create a defective product?

What are the symptoms of a TBI?

  • Dazed appearance
  • Listlessness, lack of energy
  • Crankiness and irritation
  • Excessive crying
  • Loss of balance, wobbly walking
  • Eating and sleeping pattern changes
  • Lack of interest in play
  • Trouble concentrating
  • Light and noise sensitivity
  • Taste and smell abnormalities