The Special Considerations of Child Brain Injuries in Ohio
According to the Brain Injury Association of America, around 62,000 children under 19 are hospitalized for brain injuries and over 500,000 are treated and released from emergency departments in the U.S. each year. Brain injuries can range widely in severity and may arise from a variety of different causes. When a child suffers a brain injury due to someone else’s negligence, however, the impact of these potentially life-altering injuries can be particularly overwhelming.
Unlike adult injury claims, cases involving pediatric brain trauma present unique legal and medical challenges. Thankfully, Ohio state law makes certain allowances in cases involving minors with traumatic brain injuries that can make filing a personal injury claim more accessible. Let’s explore some crucial legal considerations for families navigating the challenges of traumatic brain injuries and discuss how an experienced brain injury lawyer can help victims, parents and guardians fight for the compensation they deserve.
Traumatic brain injuries in children
Brain injuries in children can differ significantly from brain injuries in adults. That’s because the pediatric brain is still developing and may only show signs of damage over time. In fact, it’s not uncommon for a blow to a young child’s head to appear mild at first but cause long-term developmental and cognitive challenges years down the line.
Children are notoriously prone to traumatic brain injuries (TBIs) because of their active lifestyles and limited motor control. Some of the most common causes of child brain injuries include:
- Car accidents
- Bicycle accidents
- Falls
- Medical malpractice
- Sports injuries
- Birth injuries
While some brain injuries, like mild concussions, may heal with minimal treatment, others can have lasting effects on both the child and their family, and if the injury was caused by another party’s negligence, the family may have grounds for a personal injury claim.
Because severe brain injuries sustained during childhood may impact a victim’s learning ability, social development and earning potential down the line, Ohio courts and insurance companies must take a long-term view when assessing damages related to childhood TBIs. Keep reading to discover how the personal injury claim process differs for brain injury cases involving minors.
Ohio brain injury laws: At a glance
Ohio law treats injury claims involving minors differently than those involving adults because of the aforementioned developmental differences. These legal distinctions are intended to protect children and ensure their legal and financial interests are handled properly even if the full extent of a brain injury is not immediately evident following an accident. Here are some of the ways Ohio law addresses discrepancies between child and adult brain injuries:
Extended statute of limitations
In Ohio, most personal injury claims must be filed within two years of the injury. However, for children under 18, the statute of limitations is tolled until they reach adulthood. This protects minors, who can’t control whether their parents file a claim and is a particularly important consideration for cases in which a child sustained their injury as the result of parental child abuse. Once the child turns 18, they have until their 20th birthday to file a claim for compensation for brain injury-related damages.
That said, it’s important to understand that evidence can degrade or disappear over time, and it’s almost always in a family’s best interest to pursue legal action sooner rather than later. A qualified brain injury lawyer can help victims and families act quickly to collect and preserve vital evidence related to their case and start laying the framework for a case for compensation.
Court approval for settlements
In Ohio, any settlement involving a minor must be approved by a court to ensure it is fair and in the child’s best interest. The court may also appoint a guardian or require that the funds be placed in a trust or structured settlement to protect the child’s future financial needs if the net claim settlement exceeds $25,000.
This extra layer of review can help prevent exploitation or mishandling of funds by parties who do not have the child’s best interest in mind. It’s worth noting, however, that this approval requirement can add complexity to the settlement process. An attorney experienced in child injury law can help streamline the procedure and advocate for a fair, final settlement during the court’s review.
Enhanced damages to meet future needs
Because brain injuries can affect a child’s entire lifetime, damages in these cases often reflect a combination of present and future needs, such as long-term medical care, special education services, disability accommodations, assistive technologies and counseling or behavioral therapy. Settlements can also be tailored to account for a child’s decreased lifetime earning potential and any long term emotional distress he or she may experience as the result of their TBI.
Challenges associated with childhood TBIs
One of the greatest challenges in pediatric brain injury cases is proving the scope of the trauma when many side effects may not be immediately evident. Some children may not be able to fully articulate their symptoms right after an accident, and certain cognitive or emotional changes may not surface until months or years later. As a result, medical documentation and expert testimony are essential in conveying the extent to which a child was harmed by their injuries.
Some expert witnesses commonly called by attorneys in childhood brain injury cases include:
- Pediatric neurologists
- Neuropsychologists
- Life care planners
- Vocational experts
- Special education professionals
These trusted experts can help illustrate how a child’s brain injury has affected or will continue to affect their quality of life while adding veracity to specific claims for compensation. By presenting a broad spectrum of evidence clarifying how a child’s TBI stands to impact their mental and physical well-being, brain injury lawyers can leverage expert testimony to craft a more compelling, convincing claim.
Looking for a childhood brain injury lawyer in Ohio?
Given the high stakes of brain injury cases involving children, it is crucial for victims and their families to work with qualified, compassionate legal representation when building their claim. At Soroka & Associates, LLC, we are firmly committed to delivering end-to-end legal support for families facing the unique challenges associated with brain injury claims.
Our experienced, local team will work with you directly to:
- Investigate your child’s accident
- Identify all liable parties
- Find and consult with expert witnesses
- Calculate economic and non-economic damages
- Communicate with insurance companies and/or opposing counsel
- Advocate for your child in court or during settlement negotiations
After an accident, you should feel empowered to focus solely on your child’s recovery rather than on the nitty-gritty details of a complex legal system. When you work with Soroka & Associates, LLC, you can trust our team of legal advocates to carry the legal burden so you can prioritize your family’s health and well-being.
If your child has suffered a brain injury in an accident, don’t wait to get help. Give us a call or fill out our contact form today to schedule a consultation with one of our skilled brain injury lawyers and discover how our local team can help you fight for the accountability, care and financial security your child deserves.