What actions can I take concerning my daughter’s head concussions due to a company’s neglect?

Question

A wall lamp that was not properly secured in its packaging fell on my two-year old daughter's head at Babies R Us. She was putting a lamp shade back in the correct place and the lampshade bumped the box with the wall lamp that fell on her. I noticed that the other wall lamps were secured with a twist tie in the back of the packaging. The one that fell on her was not secured in the box. We filled out an accident report and they gave her an ice pack. She did have a big bump on her head and she was crying for a while. Two days later, she was showing signs of balance issues. She was also very irritated and could not explain how she felt. We think she was feeling dizzy but could not explain. We took her to her pediatrician and they evaluated her and sent us to ER immediately for a CT scan. The ER said she had a concussion and to monitor her for the next few weeks. She will go back to her doctor in a few weeks. We have noticed some behavior changes since her accident. She has been more irritable and cranky, she has wet the bed (she has been potty trained for months, even at night), she is clumsier than before her accident, and she has had issues with sleeping. I was informed that these could be caused from her concussion. I did get a letter from Babies R Us apologizing for the accident. I did contact the risk manager handling this case to let her know of my daughter's injuries. She is sending me a form to fill out and wants copies of bills (about$2000) and release papers from ER. What else do we need to do? Are concussions soft tissue injuries? Any advice would be great. Thank you.

Stephen Lombardi · Answer

You should hire an attorney to handle the matter, since it's too   complicated to explain in a simple one paragraph answer. These cases are not   that unusual. We see them in stores like WalMart, Home Depot and Lowes to  name a  few. Big Box stores that loosely store product and inventory overhead  along the  customer aisles. Yours is a little different, but close enough  to what personal  injury lawyers normally see. Again, see a personal injury  lawyer.

Kevin Habberfield · Answer

Go see an attorney in your area immediately and make sure your child is carefully monitored. As we are seeing lately, concussions, post concussion syndrome (sounds like your daughter has this) and other maladies like benign paroxysmal positional vertigo (BPPV) are much more serious than we first thought. The liability against the store is very good and it would be a res ispa locquitur case, which will help. First and foremost, make sure your child is ok and then see an attorney.

David Stoddard · Answer

Keep following doctors' advice.  If the injury resolves, and she gets back to normal with no permanent impairment, you might try to settle the claim yourself.  If her problems do not resolve, you should probably retain an attorney.  Liability might not be as clear as you think.  If a customer took the lamp out to examine, and then put it back, the store would not be liable.    The injury could be referred to as a soft tissue injury, because soft tissue injuries refer to injuries in which bone or cartilage is not broken or torn. Usually, soft tissue injuries reefers to torn or strained legaments, tendons, muscles or other connective tissue, as in lumbar strain, sprained ankles, or cervical strain.  I would refer to your child's injury as a closed head injury, or brain injury.  The main thing is to take care of the child medically.  Once the child has finished treating, then worry about legal ramifications

Ronald A. Steinberg · Answer

To hold the store responsible, you have to prove that the store knew or should have known that the lamp had been unpacked before you got there.  In fairness, a customer could have done that 5 minutes before you got there.

Thomas Edward Gates · Answer

Do not settle.  The injuries may have a long lasting effect.  Beside having the medical bills paid for, you should also seek damages for the injury, pain and suffering, and potential long term issues.

Irving Blank · Answer

You need all of her bills and you ned an opinion from her Dr. as to whether she will have a permanent injury.  This is not soft tissue injury, but is a major injury.

Steven A. Schwartz · Answer

If a doctor is willing to relate your daughter's symptoms to the incident, there may be a case here.The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the person(s) addressed and may contain confidential or privileged information. If the recipient of this message is not the above-named intended recipient, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited. If you are not the intended recipient, please notify me immediately at the number above, and destroy all copies of this message and any attachments.

Paul Whitfield · Answer

There are 2 possible things going on. Most businesses have medical payments coverage that will pay medical bills only. They also have liability insurance which covers negligence of their employees you didn't say how old your daughter is and if a small child why she would be putting a lampshade back in place. That is not something a small child ought be doing. And you said something fell because she struck the package it was in. depending on the age of the child there may or may not be a question of what is called contributory negligence. The most important thing is to get a doctor to comment on all the things you say may have happened because of the blow. Make sure she has the best possible medical care. if there is a serious injury you should get a good PI lawyer involved. Without knowing the age of the child and more facts and more medical opinions I cant tell you more

Christopher Benjamin · Answer

You need a full consultation with an attorney as soon as possible.  You should not sign anything that comes from Babies R Us or anyone that represents them (like an insurance company).

Jon F. Schmoll · Answer

Concussions are not soft tissue injuries but are brain injuries by the brain being bounce around inside the skull and hitting the skull.  My recommendation is that you take your daughter to her pediatrician immediately and explain to him everything about your daughter's injury and her symptoms since the injury.  Big box stores are notorious for denying liability and delaying claims.

Ronald Lowry · Answer

You really should get a lawyer. This may turn out to be nothing in the long run but you don't know that yet. Head injuries can be much more serious than people, even doctors, think. You should be concerned that you may inadvertently say or do something that damages the case if it turns out your daughter has a long term injury.

Brett Rosenthal · Answer

Concussion is not a soft tissue injury and with small children you want to give it some time to make sure there are no long term residuals from the concussion. Toys R Us, or their carrier, will attempt to resolve the case as soon as possible because they don't want you to determine the full extent of the injuries as that would warrant larger settlement value. With a minor the statute of limitation, or the outside limit on when you can pursue the case is much longer than the normal two years from the date of loss. The statute doesn't begin to run until your daughter reaches the age of majority and then you have two years from that date. Furthermore, if you settle with Toys R Us that settlement must be approved by the court by way of a Minor's Compromise, which they would coordinate with counsel to file the motion. However, would definitely give it some time to make sure there are no residuals before you consider settling her claim. If you have questions, please feel free to contact me at the number below.

Eric Haag · Answer

You are doing all the right things.  You may want to consider having a pediatric neurologist evaluate her as well.  You should also wait for a while before trying to settle her case since you have plenty of time (the statute of limitations is longer for a minor) and you need to know how she will heal from the concussion before you can fairly evaluate the value of the claim.

Timothy Klisz · Answer

Concussions should heal with time. If it doesn't get better or gets worse it could be a closed head injury. Monitor carefully with the doctors, do not settle with the store and contact me to discuss further.

Bernard Huff · Answer

You should first seek and retain a lawyer who handles accident/personal injury  cases again public establishments, like Babies R Us for specific legal advice  and direction.

David Blain · Answer

You need to retain the services of an attorney before you agree to any settlement with Babies R' Us. An attorney will maximize the amount of compensation that your daughter is legally entitled to for the injuries she suffered. For the types of damages your daughter may be legally entitled to please visit the following link

Cary Smalley · Answer

I suggest that you retain an attorney to ensure that you are fairly compensated.  I offer a free consultation and no upfront payment.

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What actions can I take concerning my daughter’s head concussions due to a company’s neglect?

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