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As a matter of fact, this is medically categorized as a type of Inflicted Traumatic Brain Injury. (ITBI). As the name ITBI denotes, infliction remains preventable because shaking a baby is a voluntary action causing permanent infant harm.
Warning signs include:
Suppose you think a baby is suffering from the above symptoms. In that case, you must get the infant to a doctor, contact the police, and possibly a shaken baby syndrome attorney at Ehline Law Firm immediately. Caretakers and mandatory reporters must take immediate action to protect the baby’s life.
Physical abuse is a terrible crime, especially to infants. Abuse is the top cause of catastrophic head injuries leading to SBS. Shaking a child can cause this quickly while throwing a child, or hard impacts will cause SBS.
Whiplash can lead to severe issues, including bleeding of the brain and fluid in the skull. While there may not be apparent clues, often there are warning signs to watch.
As stated by the National Center on Shaken Baby Syndrome, these can include:
In many severe SBS cases, a severe neurological disorder could be a result, perhaps leading to death. So your child can pass out and never recover after suffering nervous system collapse. You must contact a doctor and a lawyer to help you through this tough time.
If the case of SBS is particularly severe, causing Traumatic Brain Injury, your baby may suffer from permanent disabilities.
Some of the effects of TBI are:
Because the child’s brain and the neurological network are still growing, this is among the most severe issues facing a baby. Erratic emotions, lack of physical control over the muscles and limbs are all possibilities that go hand in hand with a permanent disability.
The National Center for Shaken Baby Syndrome statistics shows that:
When a responsible adult suspects that a child is a victim of shaking or throwing, they must first bring the child to the doctor or emergency room. If this is proven to be the case, you must consult an attorney to determine the next recovery step.
Education is the primary way to prevent SBS. Some adults are awful and hurt children.
With SBS being not entirely preventable, dealing with this severe issue is necessary.
Infants that suffered a shaking incident experience future issues related to it– and so will have their family. If harm to the child was by a family member, a nanny, babysitter, or daycare worker, insurance might be at play. And if the defendant maintains insurance coverage, this money can help offset medical costs and other financial issues, including rehab and full-time care bankrupting most families.
Either way, insurance subrogation may apply, requiring you to sign over your settlement check to your health insurance provider, leaving you unwhole. A great lawyer will be essential to navigating these matters and to make sure you can keep the legal case proceeds, making you whole.
A criminal case involving a shaken baby remains far different than a civil lawsuit for money damages. But in civil court, negligence will be the focus, not whether a prosecutor can prove a crime and throw someone in jail. A person’s intent to harm the baby is not needed for suing in civil courts for SBS money damages.
If we can show a jury in a civil case that the person responsible was careless, unintentionally injured the baby, or did not handle the child reasonably, you can win.
In a criminal case, the prosecutor’s burden will be to convince a unanimous jury that the decedent is guilty beyond a reasonable doubt. Your obligation as the plaintiff’s guardian in an SBS civil case will be based upon a preponderance of the evidence and a majority of jury votes. When dealing with this lower level of evidence, it becomes easier to prove the responsible party should pay for the damage, whether it was an intentional assault, reckless or negligent.
Our specialized attorneys at the Ehline Law Firm can tackle these above issues in civil court, working with the prosecutor to obtain restitution and evidence for your civil case. So that way, we can hold the injury-causing party financially liable in court, getting you the money you and your child deserve as personal injury compensation.
An attorney with experience in cases like this can make a big difference, especially when dealing with these issues. Hiring the right lawyer often remains a deciding factor in winning a large amount of money instead of a paltry sum. The fighters at the Ehline Law Firm stand ready to assist the victims of such an assault and their families.
Because we use our wealth of knowledge to help get this dark time, we are experts. Call Our Los Angeles personal injury lawyers today for a free consultation at (213) 596-9642.