Frequently Asked Questions When Your Child has Obtained a Brain Injury

There is nothing more emotionally painful than to watch your child suffer as a result of an accident that was caused by an at fault parity. For many, the idea of taking legal action can be daunting. However, if your child received a brain injury following an accident, you will be looking to obtain a lawyer so that they may review your case. Here are some answers to a number of questions often asked by prospective clients: 

What might the impact of a brain injury on a child be?

Brain injuries stand to have significant impact on a child. While in some cases, a child may make a full recovery, others may experience a long term impact. Brain injuries can cause:

• Risk of Mental Illness
• Difficulty in School
• Hyperactivity
• Speech Impairments
• Impaired Memory
• Headaches
• Motor Coordination
• Seizures

Should I take legal action for my child?

If your child has had a brain injury as a result of an accident, it may be necessary to take legal action. However, it may be a good idea to speak with a brain injury lawyer to determine if you have the ability to pursue your case. A lawyer will review your case and determine whether legal action is appropriate. Generally, in cases involving personal injuries, your lawyer will work with you to prove several key elements:

• Duty of Care
• Breach of Duty of Care
• Damages
• Causation 

How does the statute of limitations differs from an adult in cases involving children?

If you are a parent of a child who has been injured, it’s important that you have some awareness over the statute of limitations. When an adult has been injured at the hands of another, it’s important to take action immediately. For adults who have sustained a personal injury, most states have a two year statute of limitations time frame for taking action. Essentially this means that you will have two years from the time the accident occurred to take action. When a minor or child who is under the age of 18 has been injured in an accident, you may choose to take action immediately. Additionally, the statute of limitations is different for those who are under the age of 18. A child under the age of 18 will have two years from the time they reach adulthood to take legal action for an accident that occurred during their childhood.

How can a lawyer help to protect me and my child?

A lawyer can play a key role in supporting you in taking action against the party who has caused harm to your child. It can be difficult to consider the thought of taking legal action when your child’s care is at the forefront, however, by doing so, you may have the ability to secure compensation for the damages that resulted. They will help by reviewing your case to determine whether taking action is appropriate, help you to gather evidence needed to support your case, and work tirelessly to negotiate a fair settlement. 

When a child is injured in an accident it can be incredibly difficult as a parent to sort out the best way to move forward. Not only may your child be suffering, but the financial and emotional impact can be great. You are likely to pour all that you have towards ensuring that your child has the best opportunity at obtaining the care and compensation that they deserve. To obtain the answers to your questions, and the legal experience you deserve, contact a brain injury lawyer in Trenton, NJ for help. 

Thanks to Davis & Brusca for their insight into personal injury claims and child brain injuries.