Written By: William Harding, Partner, and Alicia Abbott, Summer Student
9 Minute Read
Introduction
A traumatic brain injury (“TBI”) affecting a child is uniquely complex, altering the course of the child’s life in ways that are not always immediately visible. Unlike adult TBIs, the full impact of a pediatric brain injury may take months or even years to emerge as the child faces increasing cognitive demands. Families are often left navigating uncertainty about their child’s future development. Given such challenging circumstances, pursuing a pediatric brain injury claim involves far more than addressing immediate medical concerns, but also careful long-term assessment, planning, and proper support to ensure the child has access to the resources they may need throughout their life.
Why Brain Injuries in Children Can Be Difficult to Assess Early
Children with TBIs face challenges that make early assessment more difficult than in adult cases. For instance, adults are generally able to explain symptoms such as headaches or memory problems. Children, however, may lack the cognitive maturity necessary to fully describe what they are experiencing. The effects of a pediatric TBI may not become apparent for years, until the child reaches developmental milestones. The ongoing development of the child’s brain can also complicate diagnosis. Standard traumatic brain injury assessment tools, such as the Glasgow Coma Scale, rely heavily on verbal communication and controlled motor responses, which may not always reflect the severity of an injury in young children. Due to these assessment challenges, a pediatric brain injury claim requires long-term monitoring of the child before the full extent of the injury can be understood.
How Pediatric Brain Injury Claims Differ From Adult Claims
A pediatric brain injury claim differs significantly from an adult brain injury claim because a child’s future is still unfolding. When an adult suffers a traumatic brain injury, lawyers can often assess damages by reviewing completed education, employment history, and income records. In child injury cases, that baseline does not yet exist. Instead, these claims require projections about how the injury may affect the child’s future.
The Long-Term Effects of Brain Injuries in Children
The long-term effects of TBIs in children can be severe and enduring. Unlike adults, children experience brain injuries while their brains are still developing, which can increase the risk of lasting cognitive, physical, and psychological challenges. In many cases, the full effects of the injury may not become apparent until months or years. As a result, symptoms of TBI may be mistaken for “normal” behaviour. In order to avoid such assumptions, it is important to become familiar with the long-term effects.
Cognitive Symptoms
- Memory loss
- Reduced concentration
- Brain fog
- Sensitivity to light or noise
Physical Symptoms
- Headaches
- Dizziness
- Blurred vision
- Fatigue
Psychological Symptoms
- Anxiety
- Depression
- Post-traumatic stress
- Anger and irritability
These challenges often extend beyond the child’s physical health and can significantly affect their educational attainment, social development, and future independence.
Future Care and Educational Needs
A significant component of a child brain injury claim in Ontario is future care planning. In addition to supporting the child’s recovery, future care planning provides an evidence-based roadmap of any assistance the child may require throughout their lifetime. Unlike adult brain injury claims, where future care needs may be easier to predict based on their established lifestyle, pediatric care planning must take a broader approach, anticipating the supports required from childhood, through adolescence and into adulthood. Depending on the nature the injury, future care planning may include the following.
Therapies
- Occupational therapy to improve daily living skills
- Physiotherapy to address motor impairments
- Speech-language therapy to assist with communication
Educational Supports
- Accommodations
- Individual Education Plan (IEP)
- Tutoring
- Private schooling
Assistive Technology
- Voice recognition software
- Mobility aids
- Task management programs
Why Expert Evidence Is Important
Expert evidence plays a critical role in pediatric brain injury claims as many of the long-term impacts of the injury may not be immediately visible. As such, medical, educational, and legal experts are often needed to provide support in recovery and assess how the injury may impact the child’s future.
- Neurologists analyze neuroimaging and track potential complications that alter brain health.
- Neuropsychologists conduct cognitive testing, revealing how the injury has disrupted executive functioning, memory, processing speed, and behavioral regulation.
- Occupational therapists assess how functionality has changed after the TBI.
- Educators demonstrate the impact the injury has had on the child’s learning and also detail the accommodations needed to reach their academic potential.
- Future Care Planner quantifies the child’s needs and drafts a report that sets out the costs the child will likely face over their lifetime.
How Compensation Is Assessed in Child Brain Injury Claims
Assessing brain injury child compensation in Ontario cases involves a variety of considerations and can be more complex due to the hidden nature of long-term symptoms. In assessing compensation, courts will look not only at the child’s current symptoms, but how the injury will affect their future. Damages in a child brain injury claim may include:
General Damages
General damages compensate for intangible losses that do not have a precise monetary value. In pediatric brain injury claims, general damages often reflect how the injury affects the child’s quality of life. This includes pain and suffering, loss of enjoyment of life, and emotional distress.
Special Damages
Special damages covered the monetary losses as a direct result of the injury incurred before the trial. This may include medical expenses related to the TBI such as medication and travel to medical appointments.
Future Care Costs
Future care costs compensate for the cost of future treatment, therapy appointments, home modifications, assistive devices, or other supports that are necessary for the child is to return to the position they were in before the TBI occurred.
Loss of Future Income
Loss of future income compensates for the child’s reduced ability to earn income in the future because of the TBI. Since the child has not yet entered the workforce, expert evidence and projections will be relied on to determine factors such as future educational attainment and long-term employability.
What Parents Should Do After a Child Suffers a Brain Injury
Supporting a child with a brain injury is no small task, often filled with uncertainties that can leave you feeling overwhelmed. When the time is right, creating a practical plan to support your child’s future can help ease anxieties. The following are important considerations in making a plan.
1: Seek Immediate Medical Attention
- Always seek immediate medical attention, even if the injury seemed minor. TBI in children may become more apparent with time.
2: Monitor Your Child and Document
- It is vital to closely monitor your child’s behavior, sleep patterns, and emotional regulation, carefully documenting any subtle developmental changes you notice.
- This will inform treatment and establishes evidence if you choose to pursue a lawsuit.
3: Establishing Accommodations with Your Child’s School
- Open communication with your child’s school is crucial in implementing appropriate accommodations to support your child’s learning and safety.
4: Seeking Legal Advice
- Seeking early legal advice from a specialized personal injury lawyer is one of the most protective steps you can take in promoting your child’s recovery.
How a Personal Injury Lawyer Can Help Families
A lawyer handling a pediatric brain injury claim helps families navigate both the legal and medical complexities associated with childhood TBIs. Lawyers will coordinate between healthcare providers, educators, rehabilitation specialists, and financial experts to fully assess the child’s future needs. Obtaining early legal advice can play a critical role in protecting the child’s future care and ensuring you receive the support you need in navigating this stressful time.
This blog, by Dale Orlando, outlines the characteristics to look for when finding the right personal injury lawyer.
Conclusion
Since the long-term effects of a pediatric brain injury may not become immediately apparent, early planning is often one of the most important steps parents can take to prepare for challenges that may emerge over time. If your child has suffered a brain injury, our lawyers can help you understand and prepare for the long-term care, support, and compensation that may be available.
For more information about supporting your child with a pediatric TBI, please see the following resources:
- Ontario Brain Injury Association – Concussion Resources for Children
- Brain Injury Canada – Brain Injury Resource Website
