A child’s brain injury is every parent’s nightmare, and one of the most complex cases our team at Cogburn Davidson Car Accident & Personal Injury Lawyers handles. These injuries can significantly impact a young person’s development, education, and emotional well-being for the rest of their life. Understanding both the medical science and the unique legal process surrounding pediatric brain injuries is essential to securing the care and compensation your child deserves.
The Lifelong Impact of Pediatric Brain Injuries
According to the Centers for Disease Control and Prevention (CDC):
- Traumatic brain injury (TBI) is a leading cause of disability and death among children in the U.S.
- Falls, motor vehicle crashes, and sports-related injuries are the top causes
- Even a so-called “mild” concussion can interfere with learning, attention, and emotional regulation
Because a child's brain continues to develop throughout adolescence, early injury can lead to a “sleeper effect," where symptoms emerge years later as academic demands increase. This may include:
- Delayed speech
- Memory deficits
- Behavioral changes
This delayed onset often complicates both diagnosis and the legal timeline for compensation.
Why Pediatric TBIs Require Specialized Medical Care
A comprehensive pediatric brain injury care team typically consists of the following specialists:
- Pediatric Neurologists: These doctors oversee brain imaging, seizure prevention, and neurological recovery.
- Neuropsychologists: They evaluate cognitive, emotional, and behavioral changes over time.
- Rehabilitation Specialists: These professionals guide physical, occupational, and speech therapy to improve function and mobility.
- Educational Specialists: They coordinate with schools to support students' learning and necessary accommodations.
Ongoing care may include:
- Neuroimaging and monitoring: Regular MRIs or CT scans track healing and detect new issues.
- School-based assessments: Help teachers and parents understand academic or behavioral effects.
- Individualized therapy coordination: Physical, occupational, and speech therapy tailored to developmental milestones.
- Psychological support: Counseling or behavioral therapy for anxiety, irritability, or mood changes.
According to the American Academy of Pediatrics, structured “return-to-learn” and “return-to-play” plans are essential. These emphasize:
- Gradual reintegration into school and sports
- Mandatory rest periods after a concussion
- Continuous medical supervision and communication between doctors, families, and educators
For more serious TBIs, the National Institute of Neurological Disorders and Stroke (NINDS) recommends early, multidisciplinary rehabilitation, which can significantly improve cognitive and functional outcomes as a child grows.
Legal Considerations When a Child Suffers a Brain Injury
Brain injury claims involving minors are handled differently from those involving adults. Nevada law includes several special protections and extended time limits for injured children and their families.
Extended Statute of Limitations
- Because children cannot legally file lawsuits on their own, Nevada’s statute of limitations “tolls” (pauses) until the child turns 18
- Under NRS § 11.250, the clock is paused during minority
- Once the child becomes an adult, they generally have two years under NRS § 11.190(4)(e) to bring a personal injury claim
Court Oversight of Settlements
- Any settlement involving a minor must be reviewed and approved by a Nevada court to ensure it serves the child’s best interests
- This safeguard is established under NRS § 41.200, which governs the compromise of a minor’s claim
- Courts often require that settlement funds be placed in a blocked account or trust until the child reaches adulthood
Lifelong Damages Calculation
- Nevada law allows recovery for both current and future damages stemming from a brain injury, including loss of earning capacity and lifelong care needs
- These compensatory damages are authorized under NRS § 42.005 (general and special damages)
- In pediatric TBI cases, attorneys work with life-care planners and medical experts to project the long-term financial impact of disability or cognitive limitations
Liability and Comparative Negligence
- Even if a child or parent shares partial fault, compensation may still be possible under Nevada’s modified comparative negligence rule in NRS § 41.141
- As long as the plaintiff is 50% or less at fault, recovery is reduced by their percentage of fault
- If the fault is greater than 50%, recovery is barred entirely
Support for Families Beyond the Courtroom
Families facing pediatric TBI need more than just legal help; they need access to support networks, education advocacy, and specialized therapy. Our firm regularly connects parents with medical and community resources to help children heal and adapt. For example, the Brain Injury Association of America (BIAA) and CDC’s Heads Up initiative offer family education, school reintegration guides, and symptom monitoring tools.
Compassion, Experience, and Advocacy for Your Child’s Future
With more than 50 years of combined experience and hundreds of millions recovered for injury victims across Nevada, Cogburn Davidson’s team brings the depth of knowledge and compassion these complex cases demand.
We partner with leading medical specialists, rehabilitation experts, and life-care planners to ensure every aspect of your child’s treatment and long-term needs are documented and pursued. Our attorneys — including Jamie Cogburn (President, Nevada Justice Association) and Hunter Davidson (trial and appellate advocate with statewide experience) — are known for standing up to powerful insurers and institutions to protect injured children’s rights.
When you choose Cogburn Davidson, you can expect free consultations and 24/7 availability, meaning we’re here whenever you need us. We also make a no-fee-unless-we-win promise, so you pay nothing up front.
If your child’s brain injury was caused by negligence, our Las Vegas legal team is ready to help. Contact us today to book your case evaluation and learn more about your legal options.