Do I Have a Case if My Child Received a Brain Injury in a Car Accident?

Do I Have a Case if My Child Received a Brain Injury in a Car Accident?

Brain injuries can be incredibly dangerous, often requiring extensive recovery time. Even more alarming, is when a baby or young child suffers from a brain injury, especially in a car accident. When gone undetected, and untreated brain injury can be fatal. Knowing the signs of a potential brain injury can make all the difference.


Detecting a Brain Injury

When a child is injured, detecting a brain injury can be incredibly difficult. If your child has suffered from a hard hit in the head, it is vital to observe them closely for signs of a brain injury. Unfortunately, when a young child is the victim of a car accident, they are at a higher risk for serious injury. Often children’s injuries are far worse than that of an adult. According to recent studies, head and brain trauma are the most typical type of injury children suffer in car accidents. It’s likely that when in a car accident your child will be medically assessed, however, symptoms of a brain injury can be delayed. Common signs that your child may have suffered a brain injury are:

  • Breathing problems
  • Vomiting
  • Difficulty waking up
  • Changes in their patterns (loss of skills, not eating, etc.)


Can I File a Claim?

When injured in a car accident, you may be able to file a claim if the person driving the other car is at fault. It is possible that there may be two legal cases occurring at the same time for the defendant if the accident was due to gross negligence. If a person caused a car accident and were under the influence of drugs or alcohol, they may also have a pending criminal case as well. If you or your child were in a car accident and suffered injuries, it may be in your best interest to file a claim. An attorney, like a brain injury lawyer Fort Lauderdale FL trusts, can help you to receive compensation for your losses.


What Type of Proof is needed?

Your attorney will help you strategize and gather the proof needed in order to have a favorable outcome. You will be required to provide proof to the court in order to prove that you were impacted negatively.


Expert Witness: Often your attorney will utilize an expert witness to review your medical documents and testify in court.

Private Investigator: Can help to investigate the scene of the accident and the person who caused it to gather any additional information that may be helpful to your case.

Witnesses: People who witnessed the accident.

Medical Records: Documentation of the injuries that were received from the car accident is vital.

Photographs: Your attorney may take photos of the scene of the crime.


It may be difficult to determine where to start with a personal injury suit, which is why an experienced personal injury attorney is key. Brain injury lawsuits can be incredibly overwhelming, especially when a child has been impacted. Working with an attorney will help to protect your interests with ease.


Thanks to our friends and contributors from Needle & Ellenberg, P.A. for their insight into brain injury cases.



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