Dealing with a child's traumatic brain injury (TBI) is overwhelming. After immediate medical care, consult a Philadelphia brain injury lawyer.

Navigating the aftermath is especially tough for parents when the injury is due to negligence, and claims involving minors add legal complexity. 

A child's TBI recovery means years of expensive specialized care and rehab. Securing compensation is vital for their long-term future.

Common Causes of Childhood Brain Injuries

Brain injuries in minors can occur in a variety of settings. While the immediate shock is overwhelming, recognizing the cause is the first step toward determining liability.

Youth Sports and Concussions

Concussions are frequent in youth sports. While most children recover, repeated or mishandled head injuries can cause severe, lasting developmental and cognitive issues. Schools, leagues, or coaches may be liable for failing to enforce safety, provide proper equipment, or follow concussion protocols.

School-Related Accidents

TBIs in children at school can result from playground falls on faulty equipment, gym class accidents, or hazardous property. School-related injury cases are complex due to the difficult process of assigning fault among the school district, teachers, and staff.

Car Accidents and Pedestrian Incidents

Car accidents are a leading cause of severe TBI in children, whether as passengers, pedestrians, or cyclists. The negligent driver is usually at fault. However, securing the necessary lifetime compensation requires an experienced legal team.

How Minor’s Brain Injury Claims Differ

Because the legal process for a minor with a TBI differs from an adult's direct lawsuit, a knowledgeable brain injury lawyer in Philadelphia is essential when pursuing a minor's claim.

The Statute of Limitations

In Pennsylvania, the statute of limitations for personal injury claims is typically two years from the date of the injury. However, for a minor, this deadline is usually "tolled" (put on hold) until the child turns 18. This means the child generally has until their 20th birthday to file a lawsuit. While this extended window exists, it is critical to consult a brain injury lawyer in Philadelphia immediately after the injury. Waiting years can lead to lost evidence and faded memories.

Settlement Approval

Any settlement reached on behalf of a minor must be approved by a judge in what is known as a minor’s compromise hearing. The court ensures that the settlement is in the child's best interest. Funds from large settlements are often placed in a structured settlement or a court-controlled guardianship to manage the money until the child reaches adulthood.

Damages for Future Needs

Minor TBI claims prioritize lifetime damages, unlike adult claims. A child's TBI significantly alters their development, future earnings, and care needs. A skilled brain injury lawyer in Philadelphia collaborates with life care planners and economists to accurately project financial needs for therapies, surgeries, tutoring, and lost future wages. This thoroughness is crucial for a successful claim.

Choosing the Right Advocate

Dealing with a child's TBI is emotionally draining. You need a powerful advocate who understands the specifics of Pennsylvania’s laws concerning minor injury claims and who is prepared to fight large institutions like school districts or insurance companies. 

If your child has sustained a TBI due to negligence—whether on the sports field, in a car, or at school—do not delay. Early legal intervention from a dedicated brain injury lawyer in Philadelphia ensures that all critical evidence is preserved and your child’s future medical and financial needs are meticulously documented.

To discuss your child's brain injury claim and understand your legal options, we encourage you to email Bosworth DeAngelo for a confidential case consultation today. Securing justice means securing your child’s future.