A Volusia County father was recently charged with aggravated child abuse after investigators concluded his seven-month old son suffered bleeding on the brain consistent with violent shaking. The child needed emergency surgery. Criminal charges answer one question, but they do nothing to pay for the years of care that a brain injured infant may need.
A Prosecution Is Not a Recovery
Criminal court decides guilt and punishment. It may order restitution, though restitution is usually limited and often uncollected. A civil claim is a separate proceeding brought on behalf of the injured child, with a different burden of proof and a different purpose, which is compensation.
That distinction surprises many families. A conviction can help a civil case, but it is not required, and a case that ends without charges does not close the civil door.
Who May Be Responsible
Liability depends on who had the child and what they did or failed to do. Depending on the facts, a claim may involve:
- The individual who caused the injury, through an intentional tort claim
- A daycare center, preschool, or in-home provider that hired or supervised that person
- A babysitter or caregiver who left an infant with someone they had reason to distrust
- A facility that ignored earlier reports, complaints, or warning signs
- An insurer, when a homeowners or commercial policy may respond to the loss
Insurance coverage is often the practical question. Intentional acts are typically excluded from personal policies, but negligent supervision or negligent hiring claims against a third party may not be. Sorting that out early can shape the entire case.
What These Injuries Cost Over a Lifetime
The Centers for Disease Control and Prevention reports that nearly all children who survive abusive head trauma live with serious long term consequences, including vision problems, developmental delays, physical disability, and hearing loss. Its overview of abusive head trauma in infants describes the range of outcomes.
For an infant, that means decades of expense. A properly built claim may account for therapy, assistive equipment, home modifications, attendant care, and the earning capacity the child may never develop. Those numbers come from a life care plan, not a guess.
Who Files on Behalf of a Child
An injured infant cannot bring a claim personally. A parent or court-appointed guardian may act on the child’s behalf, and Florida courts supervise how any recovery is held and spent for a minor. When one parent may be the person accused, as in the case reported by FOX 35 Orlando, a court may need to address who has authority to act.
An Orlando, FL brain damage lawyer can raise that issue before it becomes an obstacle.
Talking With Someone About Your Child’s Injury
Families in this position are usually managing a hospitalized child, a police investigation, and a child welfare case at once. Evidence gets harder to gather as time passes. Our Orlando brain injury lawyer can review the medical records, the investigative file, and any available insurance coverage to identify who may owe your child compensation. Needle & Ellenberg, P.A. has recovered hundreds of millions of dollars for clients across all practice areas, and our fees are contingent. Reach out when you are ready to talk it through.