Part II – What to Expect from Your Child’s Brain Injury Lawyer

 This is the second article in our two part series about Traumatic Brain Injuries (TBI) in Children.  (You can read our Part 1 here). 

What To Look for Following A Child’s Head Injury

Thankfully, most mild TBIs resolve within the first three months. However, during this time, your child may experience a variety of disabling physical, cognitive and psychological

or emotional symptoms. Occupational therapy is often recommended for the physical symptoms, which can include headaches, lethargy, dizziness, and sensitivity to light and

sound. Traditional treatments for these symptoms include education and training on self-management strategies, such as energy conservation, relaxation and sleep hygiene. All of these are important to your child’s return to health. 

Cognitive problems can be difficult to detect, especially in younger children. You must pay close attention to your child as they attempt to engage in normal activities. If they appear slow or confused, or are unable to perform a previously learned task, this can be a sign of cognitive dysfunction. Speech and comprehension difficulties are also warning signs. 

In school age children, the teacher may be the first to notice challenges your child is experiencing. If you suspect that your child is suffering from impaired brain function, consult with your paediatrician. They can refer you to a neuropsychologist or other professional for testing.

If your child appears anxious, depressed, or irritable, demonstrates unusual behaviour, or describes nightmares or flashbacks, you should seek a psychological consultation.

Counselling or medication may be recommended. A behavioural therapist or social worker can help you implement specific ways to manage behaviour problems.

In cases where traditional treatment fails to relieve your child’s ongoing symptoms, innovative new technologies are available that use electromagnetic current or pulses, or

low-level laser treatment to stimulate healing. Despite recent advances in treatment, however, many children will develop long-term or chronic Post-Concussion Syndrome.

Even in cases where there is clear evidence of brain injury, understanding the nature and extent of a child’s impairment from the injury takes many years. Because brain functions

develop at different rates and each child’s development is unique, reliable neuropsychological testing cannot be performed until approximately Grade 3, and repeat testing is required as the child continues to mature.

A Child’s TBI Impact on Caregivers

Too often, parents and caregivers of a brain-injured child feel selfish and petty for identifying and expressing their own needs or acknowledging the limits of their capacity to provide care. While it is not healthy to paint yourself as the “real” victim in this situation, it is essential to your child’s and your own long-term well-being that you treat yourselves with respect and patience. 

Grief, sadness, and guilt are natural reactions to such a drastic change in your life circumstances. Rely on each other and seek other forms of support through hospital, government and community resources. Make sure you continue to get appropriate rest whenever possible, so that you will have the resilience to face whatever challenges arise and can provide the love and support your child will need. You cannot afford to burn out. Your child needs you to be healthy to take care of them. It is both appropriate and important that you submit a claim for attendant care on behalf of your child.

If you have other children, you will have to strike a balance between relying on them for assistance and recognizing their need to be cared for as part of the family. Siblings might become resentful of the brain-injured child, or angry because their lives have been negatively impacted. These are also natural reactions and deserve to be dealt with compassionately. It may be beneficial for all of you to seek professional counselling to provide a sounding board and offer advice. Seek help from friends and family.

If you are having trouble coping and feel that you need counselling, or find that you are unable to work, you are also entitled to make a claim for no fault benefits even though you were not injured in the accident.

Helpful Resources for Parents

The Ontario Neurotrauma Foundation publishes an online resource: Guidelines for Diagnosing and Managing Pediatric Concussion - Recommendations for Parents and/or Caregivers. These Guidelines are an excellent reference for parents and caregivers. They include a list of common post-concussion symptoms, and offer a series of tools, with strategies and proposed accommodations for your child’s return to school and other activities.

Another helpful resource is Parachute, Canada’s national charity dedicated to injury prevention. They offer a free app that addresses many parental concerns about head injuries.

How A Personal Injury Lawyer Can Help

Whenever someone’s been injured in an accident, it’s never a bad idea to consult with a personal injury lawyer to better understand your rights.  When it comes to helping children, talking to a lawyer is imperative, especially because the injury repercussions may not be totally known for years.

Generally, if you have been in a car accident or other event that leads to injury, you have 2 years to start a lawsuit against the at-fault party. However, to protect a child’s interests and ensure that the full extent of the potential damages is understood, this time limit does not start to run until the child’s eighteenth birthday. Therefore, you would have to issue a lawsuit before your child turns 20 years old.

Available Claims/Compensation

There are several potential sources of compensation:

Claims against these insurers can be settled. If you, as litigation guardian, choose to settle, your child exchanges their right to make further claims in exchange for a lump sum of money. The size of the settlement will generally be proportionate to the risk that the insurance company will have to continue making payments on the claim.

For example, if your child is expected to need $50,000 in future medical benefits, the settlement should take this amount into account.

It is important to remember that a settlement is always a compromise between two parties who disagree about the value of the claim.

In a lawsuit, depending on the severity of impairment, your child can claim damages including amounts for:

• loss of future income or earning potential;
• cost of future medical rehabilitation;
• cost of future housekeeping;
• loss of future shared family income (if your child is unlikely to marry);
• out of pocket expenses;
• cost of future attendant care;
• pain and suffering;
• loss of care, guidance and companionship suffered by your child’s immediate family; and,
• Economic losses incurred by family members.

In very serious cases, your child may never work, and may require ongoing supervision and care. We will work with leading experts to quantify these losses, which can be substantial over the course of your child’s life. In Canada, pain and suffering damages don’t have a direct monetary value, and are subject to an arbitrary limit imposed by our Supreme Court. As a result, these damages are comparatively small but still significant.

Campisi Helps Children with TBIs

Campisi is one of the most reputable and trusted personal injury law firms in the city, ask around.  You will learn how Campisi is committed to our clients as individuals and families, that’s how we generate amazing results. This is what you can expect from us in the event your child is injured:

We will assist you in every aspect of your rehabilitation, including:

• setting up the accident benefits claims;
• ensuring that treatment providers are paid;
• arranging appointments; and,
• booking necessary assessments.

Often, your insurance company will deny treatment plans, or will seek second opinions regarding proposed treatment or assessments. We will work with the insurer, or challenge them if necessary, to ensure that your child’s needs continue to be met.

If there is a potential lawsuit concerning your child’s injuries, we will discuss it with you at the initial consultation and ongoing. We will begin to develop the case immediately, although several years may be required to understand the extent of the damages claimed.

We will:

• order medical records;
• collect information regarding negligence;
• develop a theory of the case, and,
• establish a long-term strategy for winning the lawsuit.

We will continue to keep you advised of the progress of the case and will always consult with you before making any major decisions. We want you to understand the process so that you can make informed choices.

Usually, the defendants in a lawsuit will want to settle rather than go to trial. We will advise you on the best course of action as the claim develops.

Conclusion

When a child suffers a Traumatic Brain Injury, (TBI) the health implications can be serious, and often unknown for long periods of time.  But it’s never too early to get a firm handle on your legal rights following a child’s head injury. Undoubtedly, the time following a head injury caused by an accident is a very stressful time, but it is worth the investment of time for your family to determine how best to manage a challenging situation.

For a complete, free downloadable version of this series, please see our Pediatric Brain Injury Guide, and contact Campisi for a free, no obligation consultation.