Sexual Assault in Los Angeles / Practice / Shaken Baby Lawyers

LA Shaken Baby Lawsuit Attorney

Shaken baby syndrome, or SBS, is a severe and life-threatening condition. The leading causes of SBS to children are society’s abusive culprits.

Mother carrying her child in a baby sling
Mother carrying her child in a baby sling

Table of Contents:

Could SBS Result in Abusive Head Trauma or AHT?

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.

  • The undeveloped brain gets violently shaken inside the skull cavity, tearing the child’s blood vessels nurturing their mind.
  • Blood and fluid build up in the infant’s brain will cause severe pressure leading to brain damage.

Warning signs include:

  • Bloody retinas,
  • Eye damage.

What Must I Do If I Suspect Shaken Baby Syndrome Symptoms?

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.

What Are the Main Causes of SBS?

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.

What Are The Baby’s Primary SBS Symptoms?

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:

  • Bruises about the head, arms, neck, and chest
  • Respiratory problems like difficulty breathing
  • Problems lowering and raising the head
  • Inability to track movement with the eyes
  • Different sized pupils from left to right
  • An ordinarily happy child no longer smiles
  • Throwing up food out of the blue
  • Welts or bumps on the head
  • Swollen forehead or head
  • Problems with speech
  • Less lean muscles
  • Convulsive attacks
  • Stubbornness
  • Irascibility
  • Sluggishness
  • Inability to eat.

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.

What Are SBS’ Permanent Effects?

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:

  • Major or even minor learning disabilities
  • Incorrect or biased motor function
  • Problems with receptive language
  • Problems with memory cognition
  • Permanent speech issues
  • Inability to perceive

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.

What Do The SBS Statistics Say?

The National Center for Shaken Baby Syndrome statistics shows that:

  • One thousand four hundred infants are given medical care for SBS each year.
  • Unfortunately, about 25 or 30% of these infants pass away from the complications of SBS.
  • Those that survive often face severe and life-altering injuries that can stay with them for decades, if not longer.

I Suspect My Child Suffered Shaken Baby Syndrome? What Next?

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.

How Can SBS Be Prevented?

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.

  • Not hitting children for crying or shaking children inadvertently is vital.
  • Preventing child abuse is something that every responsible citizen can do to make the world a better and more loving place.
  • Educating new parents is key to reinforcing prevention.
  • Mentoring new families by identifying the emotional triggers and methods of working through them can certainly mitigate or diminish the potential risk factors entirely. The end game is prevention.

What Are Future Expenses a Child With SBS May Incur?

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.

SBS Wrongdoer Criminal And Civil Cases

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.

  • Instead, a family injury attorney must prove the person handling the baby failed to use reasonable care.
  • Since proving a criminal case requires a unanimous verdict, the accused may escape a criminal conviction.
  • But Your civil attorneys can still prove your negligence case.

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.

What Are The Relevant SBS Standards Of Proof?

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.

How Can Specialized Attorneys Help You Win Your SBS Case?

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.

What Are Some Advantages Of Hiring A Private Lawyer For Your SBS Case?

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.

  • We know the civil law process steps, the criminal courts, and how to convince a jury or even settle out of court,
  • Our staff organizes evidence, consults with medical and other professionals,
  • We front the costs,
  • And we don’t charge you a dime unless we win your case,
  • We can find the witnesses needed to testify on your and your infant’s behalf in any event.

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.

Ehline Law Firm - Personal Injury Attorneys, APLC
Attorney at Law
Michael P. Ehline Esq.
Downtown Los Angeles Corporate Offices

Downtown Los Angeles Office
633 West 5th Street #2890
Los Angeles, CA 90071

Downtown Los Angeles Office
633 West 5th Street #2890
Los Angeles, CA 90071
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Ehline Law Firm Personal Injury Attorneys, APLC