Pediatric TBI: When Children Suffer Brain Injuries in Hackensack Area Accidents

When an adult suffers a brain injury, the damage is usually apparent within weeks. With children, it’s different. A child’s brain is still developing, which means an injury doesn’t just damage what exists. It can disrupt what was supposed to develop later.

This creates a problem that catches many families off guard. A four-year-old who suffers a concussion might seem fine for years. Then, around age twelve or fourteen, when the brain’s executive functions are supposed to mature, those skills don’t develop the way they should. The child “grows into” their injury, showing deficits that weren’t visible at the time of the accident.

Insurance companies may point to a clean CT scan or MRI from the emergency room and argue the injury was minor or nonexistent. But those imaging tests only detect structural damage like bleeding or fractures. They can’t measure the microscopic disruption to neural pathways that affects how a child learns, processes emotions, and interacts with others.

Building a legal claim for a pediatric TBI requires documenting what the scans can’t show: changes in behavior, sleep, mood, and academic performance over time. It requires expert neuropsychological testing that measures cognitive function directly. And it requires projecting costs not just for next year’s medical bills, but for educational support, therapy, and care that may be needed decades from now.

If your child suffered a head injury in a Hackensack area accident and you’re seeing symptoms that weren’t there before, call Maggiano, DiGirolamo & Lizzi for a free consultation. We’ll help you understand what your child’s claim is actually worth. Not just today, but for the rest of their life.

Key Takeaways for Pediatric TBI Claims

A child’s brain injury is different from an adult’s. The injury can disrupt future development, with symptoms appearing years later as the child “grows into” their injury.
Documentation of symptoms is crucial for your claim. Since many brain injuries are not visible on MRI or CT scans, a detailed log of your child’s behavioral, emotional, and academic changes provides essential evidence.
New Jersey law provides special protections for injured minors. The statute of limitations is extended, and all settlements must be approved by a judge in a friendly hearing to ensure the child’s best interests are protected.

The Unique Physiology of Pediatric Brain Injury

There’s a common and dangerous misconception that children bounce back faster from injuries than adults, largely due to the concept of neuroplasticity. The idea is that a child’s brain, still developing, could more easily rewire itself after trauma. This is a partial truth that obscures a more complicated reality.

The Kennard Principle, an older theory suggesting better recovery in younger brains, has been shown to be a fallacy in many cases of TBI. While a child’s brain is indeed adaptable, an injury damages existing structures and can also halt the development of future skills. A four-year-old who suffers a TBI might not show obvious deficits in executive functions like planning and impulse control until they are fourteen, the age when those frontal lobe-dependent skills are expected to fully mature. This phenomenon is sometimes called “growing into an injury,” and it presents a significant challenge for both families and the legal system.

Pediatric TBI rates show two distinct peaks: one in toddlers (ages 0-4) and another in adolescents (ages 15-19). The causes of injury differ significantly between these groups. For toddlers, falls are the leading cause, while teenagers are more frequently injured in motor vehicle accidents or sports.

Identifying Symptoms in the Days After the Accident

Following an accident, an emergency room visit is the first priority. However, the ER is designed to identify and treat immediate, life-threatening conditions. Subtle signs of a mild TBI may easily be missed, and parents become the first line of defense in identifying lingering issues once their child is back home.

Know what to look for, as symptoms manifest differently depending on the child’s age.

Age-Specific Warning Signs

Toddlers (Ages 0-4): Because infants and toddlers cannot verbalize their symptoms, parents must watch for behavioral changes. These may include shifts in nursing or eating habits, inconsolable crying, a loss of recently acquired skills like toilet training, or changes in sleep patterns.
School-Aged Children and Teens: In older children, symptoms might be mistaken for behavioral problems. Watch for unusual irritability, mood swings, or difficulty concentrating. Many Hackensack area schools rely heavily on screen-based learning; a sudden sensitivity to light from screens, which exacerbates headaches, is a common red flag.

Mild TBIs are frequently under-diagnosed. This is why accurate and consistent documentation by parents is powerful evidence. Keeping a simple journal to log symptoms, such as noting changes in sleep, headaches, mood, and academic performance, creates a medical record. This log is invaluable for showing doctors the full picture of your child’s condition and provides the evidence needed to build a strong legal claim for the care they require.

Common Causes of a Pediatric TBI in the Hackensack Area

Hackensack and the surrounding Bergen County area serve as a major crossroads of transit and activity, which unfortunately creates specific risk profiles for children. When a child suffers a brain injury, establishing the cause is the first step in identifying the liable party, whether that is a negligent driver, a property owner, or a product manufacturer.

Motor Vehicle Accidents

The dense traffic on major arteries like Route 4, Route 17, and I-80 presents a constant risk. Nationally, motor vehicle collisions are a leading cause of TBI-related death and serious injury for children. A case might involve clear driver negligence, such as speeding or distracted driving. In other situations, the issue might be a defective car seat or booster seat, which could point to a product liability claim against the manufacturer.

Pedestrian and Bicycle Accidents

Children are particularly vulnerable in residential neighborhoods, school zones, and public parks. A driver who fails to yield to a child in a crosswalk or who is speeding through a residential area near a place like Hackensack High School could cause devastating harm.

Premises Liability and Falls

As mentioned, falls are the primary cause of TBI for children aged 0-4. If a fall occurs due to an unsafe condition at a daycare center, on a public playground, or within an apartment complex, the property owner or manager may be held liable. This could involve broken playground equipment, poorly maintained stairwells, or other hazards that a property owner should have addressed.

One of the greatest frustrations for parents is when an insurance company points to a clean CT scan or MRI and attempts to deny the severity of their child’s brain injury. These imaging tests are designed to detect structural damage like skull fractures or brain bleeds. They cannot, however, measure the microscopic, functional damage that disrupts a child’s ability to learn, regulate their emotions, and interact with peers.

Studies have shown that children who suffer even a mild TBI are significantly more likely to develop attention disorders. This cascades into lower educational attainment, increased risk of psychiatric disorders, and difficulty forming social bonds. The cost is measured in the loss of a child’s full potential.

So, how are these invisible losses quantified for a legal claim?

Neuropsychological Testing: We work with medical professionals who perform comprehensive neuropsychological evaluations. These tests measure cognitive functions like memory, processing speed, and executive function, providing objective data that demonstrates the injury’s impact.
Educational Support: A TBI frequently requires the creation of an Individualized Education Program (IEP) or a 504 Plan within the New Jersey school system. A legal settlement is designed to secure funding for private tutors, specialized learning tools, or even placement in a different educational environment if necessary.
Future Care Costs: For the most serious injuries, a life care planner projects the costs of vocational training, assisted living, and ongoing therapeutic needs over the course of the child’s entire life. This ensures that the compensation secured today is sufficient to provide for them long after their parents are gone.

New Jersey Legal Protections for Injured Minors

The New Jersey legal system has specific rules in place designed to protect the rights and financial futures of children who have been injured. These rules are different from those that apply to adults.

The Statute of Limitations and Tolling

For most personal injury cases, an adult has two years from the date of the accident to file a lawsuit. This deadline is known as the statute of limitations. For minors, however, this clock is generally paused, or tolled, until the child’s 18th birthday. This means that, in many cases, the child has until their 20th birthday to file a claim.

While this extended deadline provides flexibility, waiting is rarely a good strategy. Over time, evidence may be lost, witnesses’ memories fade, and their contact information may change, making it much harder to build a strong case.

The Friendly Hearing

When a settlement is reached for a minor, it cannot be finalized without court approval. New Jersey Court Rule 4:44 requires a judge to review the settlement terms in what is known as a friendly hearing. The purpose of this hearing is to ensure that the settlement is fair and in the best interests of the child. The court acts as a safeguard, protecting the child’s recovery from being unfairly diminished or used for purposes other than their care, like paying off parental debts.

Guardianship and Trusts

The funds from a settlement are not typically paid directly to the parents. Instead, the court will order the money to be placed into a protected trust or a structured settlement. This ensures the funds are preserved and managed responsibly, available to pay for the child’s medical, educational, and care-related expenses as they grow up and into adulthood.

Determining Liability and Overcoming Comparative Negligence

When a child is injured, a common defense tactic is to try and shift the blame. The defense might argue that the child was at fault—for instance, by claiming the child ran out into the street. However, New Jersey law holds children to a different standard of care than adults.

The law recognizes that a young child cannot be expected to exercise the same judgment and caution as a grown-up. For this reason, it is much more difficult to hold a young child responsible for their own injuries.

In situations involving multiple parties, New Jersey’s Comparative Negligence Act comes into play. This law allows fault to be divided among different parties. As long as the injured person is found to be 50% or less at fault, they may still recover damages, though their award would be reduced by their percentage of fault.

Frequently Asked Questions About Pediatric TBI Claims

How does a previous concussion from sports affect my child’s claim for a car accident TBI?

This situation involves a legal principle known as the Eggshell Skull rule. This doctrine holds that a defendant must “take their victim as they find them.” Simply put, if the defendant’s negligence worsened a pre-existing condition, they are responsible for the full extent of that worsened injury. The previous concussion does not excuse the at-fault party’s liability for making the condition more severe.

Will the settlement money affect my child’s eligibility for state benefits?

This is a valid concern. If structured improperly, a large settlement could jeopardize a child’s eligibility for needs-based government benefits like Medicaid or SSI. However, this issue is addressed through the creation of a Special Needs Trust, a specific legal tool designed to hold settlement funds without counting as an asset for the purpose of determining benefit eligibility.

Who pays the medical bills while the lawsuit is pending?

In New Jersey, medical bills after a car accident are initially paid by your own auto insurance policy’s Personal Injury Protection (PIP) coverage, regardless of who was at fault. New Jersey law mandates all drivers carry at least a minimum amount of PIP coverage. If those PIP benefits are exhausted, health insurance may become the primary payer. A lawsuit then seeks to recover medical expenses that exceed what PIP has paid.

Secure Your Child’s Future After a Traumatic Injury

Insurance carriers may view these injuries as temporary setbacks with short-term costs. We see them as potential threats to a child’s entire developmental future, and we prepare our cases accordingly. We do not accept quick, lowball offers that fail to account for the educational, social, and medical challenges that may arise 10 or 20 years down the road.

You may be concerned that pursuing a legal claim will only add more stress to your family during an already difficult time. The opposite is usually true. By handing the legal process over to our firm, you are freed to focus on what matters most: being a parent and supporting your child’s healing process.

Call Maggiano, DiGirolamo & Lizzi, P.C. today to discuss your legal options. Let us help you secure the resources your child needs to thrive.