Personal Injury Blog

New Jersey Brain Injury Attorneys

Traumatic brain injuries are the leading cause of death and disability for children in the United States

Parents take as many measures as they can to ensure their children are safe. They read nutrition labels, install safety gates at the top of the stairs, and research car seats before making a purchase. Tragically, accidents involving children happen every day. In fact, traumatic brain injuries are the leading cause of death or disability in children in the age groups of 0-4 and 15-19. At Leonard Legal Group, our Morristown brain injury attorneys are experienced in child brain injury claims and ensure injured children and their families obtain the maximum compensation available under the law.

The cause of brain injuries

Over half a million children and adolescents between the ages of 0 and 19 are treated and released in hospital emergency departments every year. Another 62,000 children require hospitalization for brain injuries.

In children, brain injuries are primarily caused by:

Brain injuries may have other causes as well.

There are over 2,000 deaths in children aged 0 to 14 every year as a result of traumatic brain injuries.

The symptoms of brain injuries in children

It is important for parents and caretakers to understand the signs and symptoms of a traumatic brain injury. There are three primary categories of impairments:

  • Physical impairments, such as
    • Speech issues
    • Vision or hearing problems
    • Headaches
    • Paralysis
    • Balance problems
  • Cognitive impairments, such as
    • Memory problems
    • A limited attention span
    • Problems reading
    • Communication problems
  • Emotional impairments, including
    • Restlessness
    • A lack of motivation
    • Anxiety
    • Mood swings

This is not an exhaustive list of symptoms. Additionally, the above symptoms may occur in varying degrees.

Filing a legal claim for a child brain injury

If the negligence of another individual caused a child’s brain injury, the family of that child may be able to file a claim to recover damages. For example, the at-fault driver in a motor vehicle accident or a negligent physician may be defendants in a child brain injury claim.

To prevail in a negligence claim, the victim must show three things:

  • The defendant owed a duty to the victim;
  • The defendant breached this duty; and
  • Due to this breach, the victim suffered damages.

Each of these elements must be supported by objective evidence for a victim to prevail. If one of the elements is missing, the victim may not be entitled to any damages from the defendant.

Consider a car accident that leaves a child with a brain injury. The victim must prove:

  • The at-fault driver owed a duty to operate a motor vehicle reasonably under the circumstances;
  • The at-fault driver breached this duty, for example by breaking a traffic law; and
  • Due to the breach and the resulting accident, the child suffered a brain injury.

Medical records, accident reports, and numerous other types of evidence are used to support a child brain injury claim.

Did your child suffer a brain injury? If so, contact leading New Jersey brain injury attorneys today

If your child suffered a brain injury, it is important to speak with an attorney as soon as possible, as there are deadlines in place that limit how long you have to pursue legal action. To schedule your free consultation with our experienced personal injury attorneys, call our 24-hour call center at 973-984-1414 or contact us online.