Catastrophic Injuries to Children: Special Considerations in Pennsylvania Personal Injury Law

A child’s injury is a parent’s worst nightmare. When a child suffers a severe or catastrophic injury, the impact extends far beyond the initial trauma. It affects the entire family, creating a path of medical procedures, emotional distress, and significant financial burdens. While all personal injury cases require a careful approach, those involving minors and life-altering injuries present a unique set of legal and practical challenges. In Pennsylvania, the law provides specific protections and procedures designed to address the long-term needs of a child who has been catastrophically injured due to someone else’s negligence.

What Defines a Catastrophic Injury in a Child?

A catastrophic injury is not merely a serious one; it is an injury that leaves a lasting, life-altering impact on a child’s physical, cognitive, or emotional development. These are injuries that fundamentally change the course of a child’s life and require extensive, long-term medical care.

Common examples of catastrophic injuries to children include:

Traumatic Brain Injuries (TBI): These can result in permanent cognitive deficits, seizures, and developmental delays.
Spinal Cord Injuries: Often leading to paralysis, requiring a lifetime of medical assistance and home modifications.
Severe Burns: Causing permanent disfigurement, scarring, and the need for multiple painful surgeries.
Amputations: The loss of a limb fundamentally changes a child’s ability to engage in daily activities and sports.
Birth Injuries: Conditions like cerebral palsy, which can arise from a doctor’s or nurse’s negligence during childbirth.
Organ Damage: Injuries that result in the failure or severe impairment of vital organs.

These types of injuries not only affect the child’s immediate health but also have implications for their education, future earning potential, and overall quality of life.

The Standard of Care: A Key Element in Proving Negligence

The foundation of any personal injury claim is proving that another party’s negligence caused the harm. When a child is injured, this principle remains the same. The at-fault party had a duty of care to act with reasonable prudence; they breached that duty, and that breach caused the child’s injuries, resulting in damages.

In cases involving catastrophic injuries to children, establishing negligence can be complex and requires a thorough investigation. For example:

In a car accident case, proving the other driver was texting or speeding.
In a premises liability case, demonstrating that a property owner failed to secure a swimming pool or address a known hazard.
In a medical malpractice case, showing that a doctor or nurse’s actions during childbirth fell below the accepted standard of care for their specialty, resulting in a birth injury.

The law does not require perfection, but it does require that individuals and organizations act in a way that protects others from foreseeable harm. When they fail to do so, and a child is severely injured, they must be held accountable.

Special Considerations for the Statute of Limitations

One of the most important legal rules in a child injury case is the statute of limitations, which is the deadline for filing a lawsuit. In Pennsylvania, the standard statute of limitations for personal injury is generally two years from the date of the injury.

However, for minors, this rule is different. The “clock” for the two-year deadline does not begin to run until the child turns 18 years old. This means:

A lawsuit for a child’s injury can be filed anytime between the date of the incident and their 20th birthday.
This extended timeline is a critical protection for children, as it allows parents and legal guardians to prioritize the child’s medical care and recovery without the immediate pressure of a looming legal deadline.
The extended period also allows for a full assessment of the long-term impact of the injury, which may not be known for years.

Despite this extended timeline, it is still important to consult with a legal professional as soon as possible after an injury. The sooner an investigation can begin, the more likely it is that critical evidence, such as witness statements and surveillance footage, can be preserved.

Navigating Settlements and The Role of the Orphan’s Court

When a child is a minor, they cannot legally enter into a binding contract or settlement agreement on their own behalf. Because of this, any settlement for a child’s catastrophic injury claim must be approved by a Pennsylvania Orphan’s Court. This process, often referred to as a minor’s compromise, is a crucial legal safeguard.

The court’s role is to ensure that the settlement is fair and in the child’s best interest. To do this, a judge will review:

The facts of the case.
The nature and extent of the child’s injuries.
The terms of the settlement.
The amount of compensation being paid.

The court will also determine how the settlement money will be managed. In most cases, the funds are not given directly to the parents. Instead, they are placed into a protected account, such as a structured settlement annuity or a trust, to be managed by a court-appointed fiduciary until the child reaches the age of majority (18). This prevents the money from being misused and ensures it is available to provide for the child’s long-term needs.

Types of Damages in a Child Injury Claim

The compensation available in a catastrophic injury case is designed to cover both the immediate and future costs associated with the harm suffered by the child. These damages can be substantial, reflecting a lifetime of medical needs, lost opportunities, and pain and suffering.

The types of damages that may be recovered include:

Past and Future Medical Expenses: This covers everything from emergency room visits and surgeries to long-term physical therapy, rehabilitation, medication, and in-home care.
Lost Earning Capacity: Because a catastrophic injury can prevent a child from ever working or working in their chosen profession, this damage category accounts for the income they would have earned over their lifetime.
Special Education and Vocational Training: If the injury impacts the child’s ability to learn, the costs of special schooling or job training may be recovered.
Home and Vehicle Modifications: Compensation to pay for changes to the family’s home or a vehicle to accommodate a disability, such as ramps or specialized equipment.
Pain and Suffering: This is a non-economic damage that compensates for the child’s physical pain, emotional distress, and mental anguish.
Loss of Enjoyment of Life: This compensates for the child’s inability to participate in activities and hobbies they once enjoyed.

For parents, there may also be a separate claim for the costs they have incurred, such as emotional distress and their own lost wages from having to care for the child.

Unique Challenges in Child Injury Claims

Cases involving catastrophic injuries to children in Pennsylvania are often more challenging and emotionally complex than adult personal injury claims, requiring specialized legal expertise and a meticulous approach to evidence gathering and presentation.

Assessing Future Damages: Projecting a child’s long-term needs and losses is inherently complex due to their developing lives. The legal team must collaborate closely with a diverse group of medical and financial experts, including pediatric specialists, rehabilitation therapists, life care planners, and forensic economists, to accurately calculate the full extent of future costs. This includes not only immediate and ongoing medical treatments, therapies, and specialized equipment but also potential lost earning capacity, the cost of future caregiving, adaptive housing, and the psychological impact on the child and family over their entire lifespan. The goal is to ensure the child receives comprehensive care and support for the remainder of their life.
Emotional Impact on the Jury: While the emotional aspect of these cases is undeniably profound and can evoke strong sympathy, presenting the facts in a clear, professional, and evidence-based manner is paramount. A jury must be convinced by compelling evidence, expert testimony, and a logical presentation of the facts, not solely by emotion. The legal team must strike a delicate balance, acknowledging the profound human suffering while meticulously building a case that stands up to rigorous scrutiny.
Defense Tactics: Defense attorneys and insurance companies in these cases often employ aggressive tactics. They may attempt to downplay the severity of the injury, suggesting it is not as catastrophic as presented. Furthermore, they might try to argue that the child’s pre-existing conditions contributed to the harm, or that the parents’ actions (or inactions) somehow caused or exacerbated the injuries, attempting to shift blame away from the liable party. A skilled legal team must be prepared to counter these tactics with robust evidence, expert medical opinions, and a thorough investigation.

Given these significant challenges, it is absolutely vital to have a knowledgeable, experienced, and compassionate legal team specializing in catastrophic child injury cases. Such a team can meticulously build a strong case with solid medical and financial evidence, compelling expert testimony, and a clear understanding of Pennsylvania personal injury law to secure the just compensation and lifelong care a catastrophically injured child deserves.

How Caroselli, Beachler & Coleman Can Help Your Family

We have been helping families in the Pittsburgh and greater Pennsylvania area for decades. The legal team at Caroselli, Beachler & Coleman is knowledgeable about the nuances of personal injury law and the special protections that apply to minors with catastrophic injuries. The path to justice after a child’s catastrophic injury is a challenging one. We are here to provide the support, advocacy, and legal guidance you need to secure a more stable and secure future for your child.

If your child has been injured due to another person’s negligence, please do not hesitate to contact our office. We are prepared to discuss the specifics of your case and provide you with a free, no-obligation consultation. To schedule your confidential consultation, call our office at (866)-565-4949 or reach out to us online. Let us help you determine the right path forward for your family.