Understanding TBIs in Children
A traumatic brain injury (TBI) occurs when a sudden impact or jolt damages the brain. In children, TBIs can have unique effects because their brains are still developing. Even a mild concussion can affect learning, memory, behavior, and physical development.
Symptoms in children may differ from adults and can include:
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Irritability or unusual behavior
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Persistent headaches or dizziness
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Difficulty concentrating or learning new tasks
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Sleep disturbances
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Changes in appetite or mood
Causes of TBIs in Children
Common causes of TBIs in children include:
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Playground accidents or falls
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Sports-related injuries
Because children are still developing physically and cognitively, injuries can be more serious and long-lasting than similar injuries in adults.
Legal Protections for Minors
When a child suffers a TBI due to someone else’s negligence, special legal rules apply. In both California and Arizona, minors cannot sign settlements on their own, so courts must approve agreements through a process called Minor’s Compromise. Working with a TBI lawyer for children early ensures the child’s rights are protected throughout this process.
California Minor’s Compromise:
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A minor’s settlement must be reviewed and approved by the court to ensure it is fair and in the child’s best interest
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The court may require a structured settlement, which provides ongoing payments rather than a lump sum
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Attorneys often work with guardians ad litem, court-appointed advocates who protect the minor’s interests
Arizona Minor’s Compromise:
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Similar to California, the court must approve any settlement on behalf of a minor
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Structured settlements are commonly used to ensure funds are available as the child grows
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The process protects the child from accepting settlements that may not fully cover long-term medical and care needs
Why Specialized Legal Guidance Matters
Handling a TBI claim for a minor is more complex than for adults. The attorney must consider current and future medical needs, educational impacts, and the long-term costs of rehabilitation and care. A TBI lawyer for children ensures that settlements protect the child now and in the future.
How Fielding Law Can Help
At Fielding Law, we understand the unique challenges of TBIs in children and minors. Our team provides compassionate guidance, investigates the circumstances of your child’s injury, and works to secure a settlement that addresses both immediate and long-term needs.
You can call 833.88.SHARK 24/7 for a free consultation to discuss your child’s injuries and learn how Minor’s Compromise rules apply. We are committed to helping families navigate this process with clarity and confidence.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
