The ABCs of Traumatic Brain Injuries (TBI) in Children in NJ

Traumatic Brain Injuries (TBIs) in children can be life-altering, affecting everything from cognitive development to emotional stability. Whether caused by a fall, sports injury, or car accident, TBIs in children require immediate medical attention and often long-term care. Parents and guardians in New Jersey should understand how these injuries occur, recognize symptoms early, and know their legal rights if another party’s negligence caused the injury.

At Rosengard Law Group, we understand the devastating impact a traumatic brain injury can have on a family. If your child has suffered a TBI due to someone else’s negligence, you may have legal options to seek compensation for medical bills, future care, and pain and suffering. 

This guide will cover everything you need to know about TBIs in children, including New Jersey-specific laws and past cases that highlight the importance of legal action.

What Is the ABC Scale for Traumatic Brain Injuries?

The Activities-Specific Balance Confidence (ABC) Scale is a clinical tool used to assess the confidence level of individuals in maintaining balance during daily activities. While it is more commonly used in older adults, medical professionals may apply similar balance and coordination tests when evaluating children recovering from a TBI.

When dealing with TBIs in children, medical professionals often assess:

• Severity of Injury: TBIs range from mild (concussions) to severe (brain contusions, hemorrhages, or penetrating injuries).
• Cognitive and Motor Function: Doctors use standardized tests to determine how a child’s memory, attention span, and coordination have been affected.
• Behavioral and Emotional Changes: TBIs can impact emotional regulation, leading to mood swings, anxiety, or aggression.

Given that children’s brains are still developing, a TBI can have long-term consequences, some of which may not be immediately visible. This is why comprehensive assessments are crucial.

Symptoms and Warning Signs of TBI in Children

A traumatic brain injury in a child may not always be immediately apparent. Sometimes, symptoms appear days or even weeks after the incident. Here are some key signs to look out for:

Physical Symptoms:

• Loss of consciousness (even briefly)
• Persistent headaches
• Nausea or vomiting
• Dizziness or balance issues
• Sensitivity to light and sound
• Seizures

Cognitive Symptoms:

• Confusion or trouble concentrating
• Slowed thinking or difficulty following directions
• Memory problems
• Difficulty recognizing people or places

Emotional and Behavioral Symptoms:

• Mood swings or irritability
• Anxiety or depression
• Changes in sleep patterns (sleeping too much or too little)
• Difficulty controlling impulses

Young children who cannot verbalize their discomfort may also exhibit excessive crying, loss of interest in favorite activities, or changes in feeding or sleeping habits. If you notice any of these symptoms after a head injury, seek immediate medical attention.

Why TBIs in Children Are Unique

Unlike adults, children’s brains are still developing, meaning that an injury today could lead to issues that only become apparent years later. Even a mild concussion can affect a child’s ability to learn, regulate emotions, and engage in social interactions. Early detection and intervention are crucial to minimize long-term damage.

In some cases, schools or sports organizations may downplay the seriousness of a child’s head injury, assuming they will “bounce back.” However, medical research suggests that children who suffer even mild concussions may face long-term cognitive deficits, including difficulty concentrating and processing information. This is why parents and guardians must advocate for proper medical evaluation and treatment following any head injury.

How a Personal Injury Lawyer Can Help

If your child’s TBI was caused by someone else’s negligence, such as a reckless driver, a poorly maintained playground, or unsafe sports conditions, you may be entitled to compensation. A personal injury attorney can help you:

Navigate New Jersey’s Statute of Limitations

New Jersey law (N.J.S.A. 2A:14-2) states that you generally have two years from the date of injury to file a personal injury claim. However, for minors, the statute of limitations extends until two years after the child’s 18th birthday in most cases.

Establish Negligence

To win a personal injury case, you must prove:

• The defendant had a duty of care (e.g., a coach ensuring safe sports conditions).
• They breached that duty (e.g., failing to provide proper safety equipment).
• That breach directly caused your child’s TBI.
• Your family suffered damages as a result (medical expenses, emotional distress, etc.).

Recover Compensation

A successful claim can help cover:

• Medical Expenses: Hospital stays, surgeries, rehabilitation, and therapy
• Future Care Costs: Long-term medical treatments or special education services, as well as future medical expenses, including ongoing therapy, rehabilitation, and assistive devices.
• Pain and Suffering: Compensation for physical pain and emotional distress
• Lost Earning Potential: If the injury affects your child’s ability to work in the future

New Jersey Cases Highlighting TBI in Children

Case 1: $5.2 Million Settlement for Child TBI

In a New Jersey case, a 9-year-old child suffered a severe brain injury after being struck by a vehicle while crossing the street. The driver was found to be speeding, and the city was also held accountable for lack of proper traffic signals near a school zone. The child required extensive rehabilitation, and the family received a $5.2 million settlement to cover medical expenses and long-term care.

Case 2: Playground Injury Case Leads to Legal Action

In another case, the parents of a 6-year-old boy sued a school district after a playground accident resulted in a TBI. The lawsuit alleged that the school failed to provide proper supervision and did not maintain playground equipment properly. The case emphasized the duty of care schools owe to children and the responsibility to maintain a safe environment.

Steps to Take if Your Child Suffers a TBI in NJ

If your child experiences a head injury, follow these steps:

• Seek Immediate Medical Attention: Even if symptoms seem mild, a doctor can rule out serious internal injuries and determine if the condition meets the serious threshold injury requirement for legal claims.
• Monitor Symptoms: Keep a record of any changes in behavior, mood, or physical condition.
• Report the Incident: If the injury occurred at school, a daycare, or a sports event, notify the responsible parties and document their response.
• Consult a Personal Injury Attorney: An experienced personal injury lawyer can evaluate your case and help you understand your legal options.
• Preserve Evidence: Keep medical records, eyewitness statements, and any photos of the accident scene.