Traumatic brain injuries, or TBIs, can be one of the most severe types of injuries anyone might experience, and they are even more serious when they happen to a child. In Florida, where there are many opportunities for outdoor activities, sports, and recreation, children are at risk of sustaining traumatic brain injuries. These injuries are not only challenging in their own right but bring special challenges in legal claims for young victims. Understanding the unique considerations of traumatic brain injuries in minors and how these claims work in Florida is important for parents and guardians. When a child suffers from a TBI, navigating the legal system can be complicated, but it is essential to seek justice and appropriate care. At, Serrano Law , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Traumatic Brain Injuries in Children
A traumatic brain injury happens when a blow, bump, or jolt to the head causes damage to the brain. This type of injury can be mild, moderate, or severe, depending on the force and nature of the impact. For children, even a seemingly minor accident can lead to significant consequences, as their brains are still developing. Children are more vulnerable to long-term effects because their brains have not reached full maturity. In addition, their skulls are softer than those of adults, which means they offer less protection.
In many cases, TBIs in minors can happen as a result of car accidents, sports injuries, falls, or playground mishaps. Sometimes, these injuries result from unsafe premises or defective products, placing additional responsibility on property owners or manufacturers. Regardless of how a TBI happens, it is essential to recognize the signs and symptoms as early as possible, as early intervention can make a difference. Symptoms of a TBI in children may include headaches, dizziness, confusion, mood swings, and changes in behavior or learning abilities. Recognizing these symptoms can be challenging, as children may not have the language skills to explain how they feel.
The Long-Term Effects of Traumatic Brain Injuries on Minors
The effects of a TBI can vary widely, but for minors, the impact is often more profound and long-lasting. Because the brain controls so many aspects of a person’s life and development, damage can affect nearly every area. This might include physical abilities, emotions, behavior, learning, and social skills. These areas are especially important during a child’s growth, as they are laying the foundation for adulthood.
Michael Serrano
Founding Attorney
Candace “Cea” Hartley
Associate Attorney
For children with a TBI, school and social situations can become more challenging. They might struggle to keep up with classmates, and their relationships with friends can be affected by mood changes or behavioral difficulties. This can lead to a cycle of frustration and isolation for a young person who may not fully understand why things have changed. In addition to cognitive and social effects, many children with TBIs experience physical difficulties such as coordination issues, chronic headaches, or fatigue. The impact of these injuries is not only hard on the child but also on the family. The family may need to make adjustments in school routines, recreational activities, and other parts of life to support their child’s new needs.
Legal Claims and Challenges for Minors with Traumatic Brain Injuries in Florida
When it comes to pursuing a legal claim for a minor who has suffered a TBI, several unique factors come into play. Under Florida law, minors cannot bring a lawsuit on their own behalf, which means that a parent or guardian must act on their behalf. This adds an additional layer of responsibility, as the parent or guardian must make decisions that will affect the child’s future. Legal claims for TBIs can be complex, as they may involve medical costs, rehabilitation, long-term care, and compensation for emotional and cognitive impacts.
A major consideration in these cases is determining who is at fault. In some cases, the liable party might be a property owner if the injury happened due to unsafe premises, or it might be a driver if a car accident was involved. Each case is unique, and proving fault in a TBI case requires strong evidence and a clear demonstration of how the injury has impacted the minor. For parents, this means gathering medical records, witness statements, and other types of documentation to show the extent of the damage.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”
- Mary
Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"
- Kylie Collier Border
I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."
- Sandy Carter
How Florida Law Views the Statute of Limitations for Minors
A critical part of pursuing a claim for a TBI in Florida is understanding the statute of limitations, which is the period in which you can legally file a lawsuit. Florida law has specific rules about filing claims on behalf of minors. Typically, for a personal injury claim, Florida has a four-year statute of limitations. However, for cases involving minors, the statute may be extended. This is because Florida law allows the statute to begin when the child turns 18, giving them time to seek legal action as an adult if necessary.
However, in cases where medical bills or other financial support are needed immediately, parents are often encouraged to act sooner rather than waiting until the child reaches adulthood. Filing a claim sooner can be beneficial for covering medical costs, therapy, and other necessary care during the child’s youth. It is important for parents to consult with legal counsel to understand the best timeline for their child’s specific situation. Although the law allows for some flexibility, it is often more effective to build a case while evidence and memories are fresh.
The Importance of Medical Documentation in TBI Claims
One of the most important parts of a TBI claim is having thorough medical documentation. Because TBIs can impact so many aspects of a child’s life, medical records help paint a clear picture of the injury’s effects. In a TBI case, these records are often extensive, as they may include visits to neurologists, psychologists, and physical therapists, in addition to emergency care. Medical documentation helps show the immediate effects of the injury and the ongoing treatments needed to support the child’s recovery.
Related Videos
Choosing The Right Personal Injury Attorney
Personal Injury Settlement Timeline
Having detailed medical records can also be important in calculating the long-term financial costs of the injury. Medical specialists can provide information on expected future expenses, such as ongoing therapy or special education needs, which can be necessary for a comprehensive claim. For parents, staying organized and keeping all records related to their child’s injury is critical in the legal process.
Seeking Compensation for Future Needs and Losses
When a minor suffers a TBI, the costs associated with the injury often go far beyond immediate medical bills. Many children with TBIs will require ongoing care, such as physical therapy, counseling, and potentially even special education services. All of these come with significant expenses that can place a financial burden on the family. In a legal claim for a TBI, parents can seek compensation for these future costs, which are considered part of the damages in a TBI case.
The goal of compensation is to help the family manage the challenges associated with the injury and to provide resources for the child’s future. This may include covering medical treatments, lost potential income if the child cannot work as an adult, and other costs associated with the injury. While financial compensation cannot reverse the effects of a TBI, it can help a family provide the best possible support and quality of life for their child.
Case Results
How an Attorney Can Help with Traumatic Brain Injury Claims for Minors
Navigating a traumatic brain injury claim for a minor can be overwhelming, especially when parents are also focused on caring for their child. This is where an attorney can offer valuable assistance. An attorney can help gather evidence, communicate with medical providers, and build a case to show the impact of the injury on the child’s life. They can also handle discussions with insurance companies, which can often try to reduce the amount of compensation paid to families. Having legal support in these discussions can help protect the family’s rights.
In addition to legal representation, an attorney can explain each step of the process to parents, helping them understand what to expect and how to proceed. Because the needs of a child with a TBI can change over time, an attorney can work with the family to seek compensation that will cover immediate and future needs. By focusing on both the current and long-term effects of the injury, an attorney can help build a comprehensive case.
The Role of Rehabilitation and Therapy in a Minor’s Recovery
After a TBI, a child’s recovery often involves a combination of medical treatments, physical therapy, and sometimes occupational or speech therapy. Rehabilitation plays a critical role in helping a young person regain lost skills or adapt to new challenges. Therapy can also support emotional recovery, as many children with TBIs may struggle with feelings of frustration or sadness due to changes in their abilities.
Therapy and rehabilitation can be costly, which is why these expenses are often included in a TBI claim. By seeking compensation for these costs, families can access the best possible care for their child without facing financial hardship. Rehabilitation can make a significant difference in a child’s quality of life, helping them regain skills and feel confident in their daily activities.
Traumatic brain injuries in minors present unique challenges, both medically and legally. These injuries can lead to lifelong impacts that affect a young person’s physical, cognitive, and emotional well-being. For families facing this situation, understanding the legal steps involved in seeking compensation is essential. Florida law provides options for parents to pursue justice and financial support to help their children recover and thrive after a traumatic brain injury.
If your child has suffered a traumatic brain injury due to someone else’s negligence, pursuing legal action could be a crucial step in providing for their future. At Serrano Law, we are here to help you navigate these challenges. Our team is dedicated to helping families secure the compensation needed to support a child’s recovery and well-being. Contact Serrano Law today to discuss your case and take the first step toward justice and support for your child.
