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Brain Injuries in Children

Some parents do not realize the long-term harm to their children that can result from their brain injuries sustained during childhood. Pediatric traumatic brain injuries can result in a greater likelihood of cognitive dysfunction. If you need to recover for brain injuries in children, you should discuss your situation with experienced Syracuse serious injury attorneys of DeFrancisco & Falgiatano. Our trial counsel seeks the best results for every client. We have more than three decades of experience fighting for parents seeking damages to address their children’s catastrophic injuries.

Brain Injuries in Children

Signs of brain injuries that you should be alert for in your child after an accident or other circumstance that could give rise to brain injuries include:

  • Loss of consciousness,
  • Deterioration of verbal skills,
  • Difficulties focusing,
  • Changes in sleeping habits,
  • Loss of appetite,
  • Unresponsiveness,
  • Irritability.

A significant percentage of children who were catastrophically injured, particularly children under the age of five, are unable to work when they are adults. They may suffer memory deprivation or attention deficit issues. These, in turn, can result in emotional difficulties, depression, self-esteem challenges, and anxiety.

Young people can suffer brain injuries in many different ways include car accidents, physical abuse, daycare accidents, preschool accidents, dangerous property conditions, dangerous products, and birth injuries. It is important to look out for your children’s best interests when they are young so that they can get the care they need.

Injuries that can be suffered as a result of an accident include brain damage, cerebral palsy, and penetrating injuries. If your child was injured, it may be appropriate to sue the parties responsible, but it is critical to retain a knowledgeable lawyer.


The circumstances will dictate the appropriate theory under which to pursue damages. When a brain injury is sustained by a child in the course of a car accident, we may be able to recover damages by suing an at-fault driver.

In some instances, children suffer brain injuries due to medical malpractice such as a botched surgery or incorrect dosage of medication or failing to account for certain medication interactions. Sometimes brain injuries are the result of a doctor or pharmacist’s failure to account for how medications work together, or how they’re likely to work, when the patient is a child. Not every mistake counts as medical malpractice.

In order to establish your right to recover damages, we will need to show: (1) the healthcare provider owed your child a professional standard of care, (2) departure from the professional standard of care, (3) causation, and (4) actual damages. For instance, if your child suffered brain damage due to errors in surgery, we’d need to show that the surgeon, anesthesiologist, or other provider owed your child a professional standard of care, but failed to meet that standard, thereby causing the damage. In most cases, we’d need to retain an expert in the same specialty and same geographic region, namely, Syracuse or its environs.


When our lawyers are able to establish liability, we can recover damages to address your child’s needs including:

  • Medical bills,
  • Future lost wages,
  • Rehabilitation,
  • Occupational therapy,
  • Loss of enjoyment of life,
  • Pain and suffering.

If your child needs lifelong care, this is also an item of loss for which damages may be recovered. In some instances, children receive significant damages, and it is crucial to put a structured settlement or other arrangement in order to preserve the funds for long-term use.

Sometimes multiple errors in judgment, whether professional or otherwise, result in prolonged brain injury symptoms. It is important to hold all parties accountable for damages, particularly when there is the possibility that there is a lack of insurance or funds for one or more defendants. You should retain an attorney who is comfortable addressing that.

Hire Syracuse Trial Lawyers to Represent You

If your child suffered brain injuries due to negligence in Upstate New York, you should call the seasoned Syracuse serious injuries attorneys of DeFrancisco & Falgiatano. We aim to give children and their families the best representation possible in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, and Elmira. Complete our online form or call us at 833-200-2000 for a free consultation.

Client Reviews
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY