Your Child Falls in School and Develops TBI: Here’s What to Do

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child school tbi

For parents, schools serve as second homes for their children. That’s why the standards they set for these places are high. For instance, they expect their little ones to be safe. What if they suffer an injury, such as a fall, while in school? What can a parent do?

  1. Have the Child Sent to the Hospital Right Away

Falls can affect different parts of the body. If they involve the head, it’s best to send the child to the hospital than the clinic. One of the reasons is traumatic brain injury. Falls, along with sports such as football, are now a leading cause of TBI in the United States among youngsters.

The symptoms of TBI can vary, and sometimes they don’t manifest until a few weeks or months after. In the hospital, doctors can perform more comprehensive exams, including imaging tests.

  1. Identify the Cause of the Injury

A child can fall for a variety of reasons. They might have been running and stumbled upon something. They might have been climbing the slides when they fell out of balance. The floors might be uneven, or there was not enough lighting. Knowing who’s negligent is helpful when you want to get compensated for the medical costs.

California is one of the states that follow comparative negligence. The court recognizes both parties can be at fault. It’s a matter of knowing which one made the more severe mistake.

However, it’s also a pure comparative negligence state. Your child can be 99% at fault, but still, you can file for a personal injury claim.

  1. Consider Filing for Personal Injury

This can be especially important if your child ultimately develops traumatic brain injury. Under a personal injury claim, you can compel the negligent party to pay for damages. These can include hospital expenses, therapy care, and loss of income on your end (if you’re the primary caregiver).

You can also request compensation for non-economic damages, such as suffering, sleepless nights, and emotional pain. The best person to represent your case is a Los Angeles brain injury lawyer. TBI is a complicated case and thus needs someone who is an expert in this field.

Also, your child is a minor. Under the law, children below 18 years old might not understand the proceedings. They can also not be capable of signing contracts and other legal documents. You can, therefore, file the case on behalf of your child. Another option is tolling.

In tolling, you can ask the court to suspend the proceedings for a personal injury claim until your child reaches 18 years old. If this is your preference, then you need to do it as soon as possible since the statute of limitations in California for personal injury is two years.

You need to consider, though, the severity of your child’s TBI. In some cases, these concussions can affect their sense of judgment or ability to communicate appropriately.

You can talk with your lawyer to discuss who can best represent your child’s case.

It might be a simple fall with catastrophic consequences, such as TBI. A personal injury can be an effective way to ease the financial burden that comes with the condition.