By Matt Lalande in Brain Injuries, Hurt Kids on April 08, 2024
In Ontario, traumatic brain injuries are a leading cause of death and disability in children, with an average of 2 children admitted to the hospital each day in Canada due to head injuries. For the young victims who survive these devastating accidents, the path forward is often challenging, as they face a lifetime of physical, cognitive and emotional difficulties.
A traumatic brain injury (TBI) occurs when a sudden trauma, such as a blow or jolt to the head, causes damage to the brain. In children whose brains are still developing, a TBI can disrupt normal development and have far-reaching implications on their health, education, relationships and future. The consequences are not only medical but legal as well, as families navigate no-fault (accident benefit) insurance claims and personal injury lawsuits to secure the lifelong care and support their child will need.
For parents, the experience of having a child suffer a TBI is overwhelming and confusing. In this article, we aim to provide guidance and support by helping parents understand what a TBI entails, how to prevent these injuries, the immediate actions to take if a TBI occurs, your legal rights, and the resources available to assist your family through this difficult journey. While no amount of compensation can undo the trauma of a brain injury, being armed with knowledge can empower parents to be fierce advocates for their child’s recovery and well-being.
If your child has suffered a traumatic brain injury, call us today. Our law firm prides itself on providing personalized attention, local expertise, and aggressive representation to ensure that kids receive the compensation they deserve. With a no-win, no-fee guarantee, free consultations, and the ability to serve clients virtually anywhere in Ontario, Lalande Personal Injury Lawyers aims to make high-quality legal representation accessible to all. Call us, no matter where you are in Canada, at 905-333-8888 today to discuss your case.
A traumatic brain injury (TBI) occurs when a sudden external force damages the brain. This can happen through a direct blow to the head, a penetrating injury, or rapid acceleration-deceleration forces that cause the brain to move within the skull. When the brain is subjected to these forces, it can result in a range of injuries, from mild to severe, depending on the nature and extent of the damage.
Severe brain injuries can result in contusions, which are bruises on the brain tissue caused by a direct impact. These injuries can cause bleeding and swelling within the brain, leading to increased pressure inside the skull. If left untreated, contusions can cause permanent brain damage or even death.
One of the most severe TBI’s is a diffuse axonal injury, which occurs when the brain is subjected to rapid rotational or shearing forces. This causes widespread damage to the brain’s long connecting nerve fibres (axons), disrupting communication between different parts of the brain. Diffuse axonal injuries can lead to a range of cognitive, physical, and emotional impairments that may last a lifetime.
One of the most devastating types of TBI is a penetrating injury, which occurs when an object pierces through the skull and enters the brain tissue. These injuries can cause severe bleeding, tissue damage, and disruption of vital brain functions. Survivors of penetrating brain injuries often face a long and challenging road to recovery, with many experiencing permanent disabilities.
The most serious brain injuries are those that result in a prolonged loss of consciousness, coma, or even brain death. These injuries often involve extensive damage to multiple areas of the brain, leading to significant impairments in cognitive, motor, and sensory functions. Individuals who suffer from severe TBIs may require lifelong medical care and support, as they may never fully regain their pre-injury abilities.
While the brain has a remarkable capacity for healing and adaptation, some brain injuries can have lasting effects that persist throughout a person’s lifetime. These may include chronic headaches, seizures, cognitive impairments, emotional disturbances, and motor disabilities. The extent and duration of these effects depend on factors such as the severity and location of the injury, the age and overall health of the individual, and the availability of appropriate medical care and rehabilitation services.
Children are particularly vulnerable to suffering serious traumatic brain injuries when they are involved in car accidents, hit by cars as pedestrians or when they are riding bicycles and get hit by vehicles.
Out of the many pediatric brain injury cases our firm has handled, the most common cause we have seen has resulted from kids getting hit on bikes. When a child is hit by a car while riding a bicycle, even if they are wearing a helmet, they can still suffer a serious traumatic brain injury (TBI). This is because the force of the impact can cause the brain to move within the skull, leading to damage to the delicate brain tissue.
Imagine a child riding their bicycle on a quiet residential street, wearing a properly fitted helmet and following all the safety rules. Suddenly, a distracted driver veers onto the sidewalk and strikes the child, sending them flying off their bike and onto the hard pavement. Despite the protection offered by the helmet, the child’s head still experiences a sudden, violent jolt upon impact.
Inside the child’s skull, the brain is suspended in cerebrospinal fluid, which acts as a cushion to protect it from everyday bumps and movements. However, when subjected to the extreme forces of a car collision, the brain can slam against the inside of the skull, causing bruising, bleeding, and tearing of the delicate neural tissues. This type of injury is known as a coup-contrecoup injury, where the brain is damaged both at the site of impact and on the opposite side of the skull due to the rebound effect.
The shearing forces generated by the sudden deceleration can also cause widespread damage to the brain’s long connecting nerve fibres (axons), disrupting communication between different parts of the brain. This type of injury, called diffuse axonal injury, can lead to a range of cognitive, physical, and emotional impairments that may last a lifetime.
Furthermore, children’s brains are still developing, making them more vulnerable to the long-term consequences of a TBI. The damage sustained in a bicycle accident can disrupt the child’s normal developmental processes, leading to potential difficulties in learning, behaviour, and social interactions.
The severity of a child’s TBI following a bicycle accident depends on factors such as the speed of the vehicle, the angle of impact, and the child’s individual characteristics. Some children may experience concussions with temporary symptoms, while others may suffer more severe injuries leading to prolonged loss of consciousness, coma, or even death.
There are several important differences between brain injuries in children compared to those in adults.
One key distinction is that the developing brains of kids are still in the process of growing and forming critical connections. When a traumatic brain injury disrupts this development, it can lead to more severe and lasting impairments than a comparable injury in a mature adult brain. The full extent of damage to a child’s brain may not be apparent until years later, as the child grows and fails to meet expected cognitive and behavioral milestones. In contrast, the deficits resulting from an adult brain injury are often more immediately recognizable, as there is an established baseline of that individual’s prior capabilities.
The long-term consequences of pediatric brain injury can be wide-ranging and profound, impacting nearly every aspect of your child’s life. Physically, brain injuries can impair motor skills and development, leading to delays in fundamental abilities like proper movement and speaking. Emotionally, children may struggle with depression, frustration, and anger as they grapple with the changes in their abilities. Socially, brain injuries can alter how a child relates to and interacts with others. Learning and memory are frequently affected, with particular deficits in short-term memory and executive functions like attention, planning, and organization. Cumulatively, these impairments can no doubt present as major obstacles to a child’s educational progress and achievement.
For adults, brain injuries can be similarly life-altering, but often in different ways. Adults may lose cognitive skills they had previously mastered, like reading, writing, and problem-solving. Their speech and thought patterns may become slower and less efficient. Mood swings, personality changes, and behavioral issues are common, putting a strain on family relationships and social functioning. Brain injuries can also distort an adult’s senses and perceptions, with vision impairments being particularly prevalent. While both adult and pediatric brain injuries are devastating, the consequences of childhood brain injuries are often more subtle and far-reaching, impacting every stage of the child’s development into adulthood. Prompt diagnosis, treatment, and accommodations are critical to help children reach their maximum potential in the face of these life-long challenges.
When a child or teenager suffers a traumatic brain injury (TBI), they may experience a wide range of symptoms that can vary depending on the severity and location of the injury. These symptoms can have significant effects on the child’s physical, cognitive, and emotional well-being.
In the immediate aftermath of a TBI, a child may experience physical symptoms such as headaches, dizziness, nausea, vomiting, and fatigue. They may also have difficulty with balance and coordination, as well as changes in their sleep patterns, either sleeping more than usual or having difficulty falling asleep. Some children may experience sensory disturbances, such as blurred vision, ringing in the ears, or sensitivity to light and sound.
Cognitive symptoms are also common following a TBI. Children may have difficulty with attention and concentration, making it challenging to focus on tasks or follow conversations. They may experience memory problems, both in terms of retaining new information and recalling past events. Language and communication skills may also be affected, with some children having difficulty finding the right words or expressing themselves clearly. Processing speed and reaction time may be slowed, leading to frustration and confusion in daily activities.
Emotional and behavioural changes are another significant concern following a TBI. Children may experience mood swings, irritability, and heightened emotional responses. They may become easily frustrated or agitated, especially when faced with challenges or unfamiliar situations. Some children may develop anxiety or depression, withdrawing from social interactions and losing interest in activities they once enjoyed. In some cases, children may exhibit impulsive or aggressive behaviours, acting out in ways that are uncharacteristic of their pre-injury selves.
It is important to note that the symptoms of a TBI can evolve over time, with some appearing immediately after the injury and others emerging days or even weeks later. The recovery process can also vary widely among children, with some experiencing a full recovery within a few weeks or months while others may face ongoing challenges that require long-term support and accommodations.
Parents, caregivers, and educators play a crucial role in monitoring a child’s symptoms and seeking appropriate medical care and support services. Depending on the severity of the injury, a child may require a range of interventions, including medical treatment, rehabilitation therapies, and educational accommodations. A comprehensive approach to care involving collaboration among healthcare professionals, educators, and family members is essential to support the child’s recovery and help them navigate the challenges of living with a TBI.
If a child’s brain injury was caused by the negligence of another party, such as an at-fault driver, it is crucial to consult with an experienced child brain injury lawyer as soon as possible. A serious brain injury can change a child’s life forever, impacting their cognitive, physical, and emotional development, as well as their future prospects. The child may require lifelong medical care, rehabilitation, therapy, and support services to maximize their potential and quality of life. They may also face limitations in their ability to work and earn income in the future. The financial costs of such care and losses can be immense.
An experienced child brain injury lawyer can help the family pursue compensation beyond just the statutory accident benefits available through their own insurance. We can assess whether there are grounds for a tort claim or lawsuit against the at-fault party and their insurance company. Damages that may be recoverable include pain and suffering, loss of future income, costs of future care (such as attendant care, home modifications, and personal support workers), and the impact on the child’s family through Family Law Act claims. We can also assist in setting up a structured settlement or trust to ensure the child’s long-term financial needs are met. Consulting a lawyer promptly is essential, as there are time limitations for filing claims and lawsuits.
Another thing to consider is the complexity of the Accident benefit Schedule. Under section 3.1(1)(5) of Ontario’s Statutory Accident Benefits Schedule, a child under 18 years old can be deemed catastrophically impaired if they suffer a brain impairment that results in a score of 9 or less on the Glasgow Coma Scale (a clinical scale used to measure level of consciousness after a brain injury). Children who meet the definition of catastrophic impairment are eligible for enhanced medical, rehabilitation, and attendant care benefits up to a maximum of $1 million over their lifetime. Navigating the complex process of applying for and accessing these enhanced benefits is another key reason to consult with a knowledgeable brain injury lawyer who can help ensure the child receives all the benefits and support they are entitled to.
“How do I hire a rain injury lawyer near me” is a common search term on Google. Finding an experienced, reputable lawyer is not easy, especially if you or your family have never hired a personal injury lawyer before. Here are some tips:
Since 2003, Hamilton Personal Injury Lawyer Matt Lalande has represented the rights of children who have suffered serious life-altering injuries throughout all of Canada. If your loved one has been seriously hurt, call us today, no matter where you are Nationwide at 1-844-525-2633 or local throughout Southern Ontario at 905-333-8888. Alternatively, you can fill out a confidential contact form and someone from our team will get right back to you to hear your story.
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Children are particularly vulnerable to suffering serious traumatic brain injuries when they are involved in car accidents, hit by cars as pedestrians, or when they are riding bicycles and get hit by vehicles.
The developing brains of children are still in the process of growing and forming critical connections. When a traumatic brain injury disrupts this development, it can lead to more severe and lasting impairments than a comparable injury in a mature adult brain. The full extent of damage to a child’s brain may not be apparent until years later, as the child grows and fails to meet expected cognitive and behavioral milestones.
Children with a traumatic brain injury may experience physical symptoms such as headaches, dizziness, nausea, vomiting, fatigue, and difficulty with balance and coordination. Cognitive symptoms can include difficulty with attention, concentration, memory, language, and communication skills. Emotional and behavioral changes, such as mood swings, irritability, anxiety, depression, and impulsive or aggressive behaviors, are also common.
The recovery process can vary widely among children, with some experiencing a full recovery within a few weeks or months while others may face ongoing challenges that require long-term support and accommodations. The severity of the injury and the child’s individual characteristics play a role in the recovery timeline.
If a child’s brain injury was caused by the negligence of another party, such as an at-fault driver, it is crucial to consult with an experienced child brain injury lawyer as soon as possible. A lawyer can help the family pursue compensation for the child’s medical care, rehabilitation, therapy, support services, and future losses.
An experienced brain injury lawyer can assess whether there are grounds for a tort claim or lawsuit against the at-fault party and their insurance company. They can help recover damages for pain and suffering, loss of future income, costs of future care, and the impact on the child’s family. A lawyer can also assist in setting up a structured settlement or trust to ensure the child’s long-term financial needs are met.
Yes, there are time limitations for filing claims and lawsuits. It is essential to consult a brain injury lawyer promptly to ensure that your child’s rights are protected and that any claims are filed within the appropriate time frame.
When hiring a brain injury lawyer, look for experience in handling child brain injury cases, positive client reviews and testimonials, referrals from trusted sources, a history of successful settlements or verdicts, and a convenient location for in-person meetings.
Supporting a child with emotional and behavioral changes after a brain injury requires patience, understanding, and a team approach. Work closely with healthcare professionals, therapists, and educators to develop strategies for managing mood swings, irritability, anxiety, depression, and impulsive behaviors. Creating a supportive home environment, maintaining routines, and encouraging open communication can also help your child cope with these challenges.
In Ontario, a child under 18 years old can be deemed catastrophically impaired if they suffer a brain impairment that results in a score of 9 or less on the Glasgow Coma Scale (GCS). The GCS is a clinical scale used to measure the level of consciousness after a brain injury, with scores ranging from 3 (indicating deep unconsciousness) to 15 (indicating normal consciousness).
According to section 3.1(1)(5) of Ontario’s Statutory Accident Benefits Schedule, a child who meets the criterion for a catastrophic brain injury is eligible for enhanced medical, rehabilitation, and attendant care benefits up to a maximum of $1 million over their lifetime. These enhanced benefits are intended to provide the necessary support and resources for children who have suffered severe brain injuries and require extensive ongoing care.
The process of applying for and accessing catastrophic impairment benefits can be complex. Consulting with a knowledgeable brain injury lawyer can help ensure that your child receives all the benefits and support they are entitled to under the law. A lawyer can guide you through the application process, gather the necessary medical evidence, and advocate on behalf of your child to secure the maximum available benefits.
In addition to the $1 million lifetime maximum for medical, rehabilitation, and attendant care benefits, a child with a catastrophic brain injury in Ontario may be eligible for the following benefits:
Up to $6,000 per month for attendant care
Up to $100 per week for caregiver benefits if the child is under 16 years old
Up to $250 per week for housekeeping and home maintenance services
Reimbursement for travel expenses related to medical treatment and rehabilitation
Reimbursement for lost educational expenses
Up to $800 per month for the cost of an aid or assistive device
Case management services to coordinate the child’s care and rehabilitation
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My daughter was killed by a drunk driver and it forever changed all of our lives. It seemed that for two years time stopped. This was no an easy journey. Matt let me sit in on the discovery of the driver and boy, he never let up. In the end, our grand-daughter was taken care of and we were compensated for our loss – which we then donated to a cause we believed in.
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