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What Are the Legal Rights to Compensation of a Child Who Suffers a Brain Injury as a Result of an Automobile, a Bicycle, a Day Care / School, or a Pedestrian Accident?

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children of the unfortunate victims of serious head injuries and trauma as a result of pedestrian, bicycle, day care center, school, or automobile accidents. A child’s brain and skull are in a process of development and are susceptible to injury from traumatic events like an automobile accident. Even when a child is wearing a helmet during bicycle and skateboard related activities, a serious traumatic brain injury can result when a driver or other person is negligent. When a child is injured as a result of an automobile, bicycle or pedestrian accident, a parent or guardian can bring a legal claim or case on behalf of the injured child. Depending on the particular laws for a State, there are various forms of compensation that may be claimed on behalf of the injured child or by the parents directly.The damages that may be sought include but are not necessarily limited to the following:

Past Medical Expenses. Through the time of settlement or trial, compensation can be sought for the past medical expenses reasonably related to the accident related injuries. This may include therapy, medications, doctors appointments, surgery, durable medical equipment, and other expenses.

Future Medical Expenses. A child can also be compensated for the medical care treatment and therapy that is expected to be needed in the future. The necessity of future medical expenses is typically documented in medical records and / or by the testimony of the medical providers or a life care planner. When a child suffers a traumatic brain injury and the injuries are permanent in nature, it is important that the child’s future medical needs are provided for.

Educational and Tutoring Expenses. If it is documented that the child will need to additional education or tutoring due to the traumatic brain injury, damages can be awarded for these expenses in the past and into the future. Private school and tutoring can be very expenses and compensation should be provided if the traumatic brain injuries required necessitated these expenses.

Lost Wages of the Parent. If the parent needed to limit a work schedule or leave a job due to the child’s injuries, these damages can also be pursued.

Non-Economic Damages. In addition to the economic expenses mentioned above, a child can also be compensated for pain, suffering, and loss of enjoyment of life associated with the complications and problems caused by the traumtic brain injuries. Furthermore, a parent may be able to recover damages associated with the loss of services and companionship of the child depending on the severity of the injuries and impact on the lives of the child and parent.

The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Damages / Compensation, Day Care Center Injuries, School Injuries, Automobile Accidents, and other topics. This child injury book was written by David Wolf, a personal injury attorney who has dedicated his entire legal career to issues affecting the health, safety, and welfare of children. You can get this book for free at The ABCs of Child Injury. Mr. Wolf provides a free consultation on all child injury matters. Contact Mr. Wolf today for a free consultation at (888) 962-4453 or at

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