By Joseph Burdine | Associate Attorney | Tacoma Office

After a car collision, parents naturally focus on the most visible injuries, such as bruises and cuts, which can be iced and cleaned. However, one of the most serious injuries a child can suffer in a crash is a concussion, a form of traumatic brain injury (TBI), which has no visible signs at all and can quietly do damage while everyone assumes the child is fine.

The truth is, concussions in children are frequently missed, misunderstood, and undervalued by insurance companies. 

Why A Child's Concussion Looks Different

When thinking about a concussion, most people envision a wobbly athlete on the sidelines, which might be true, but does not paint a complete picture for adults, and for children, is even further from the truth.

In children, especially young ones, the brain is still developing. This makes it more vulnerable to injury and also means the signs of a concussion can be subtle, delayed, and easily attributable to something else. A toddler cannot tell you that the light feels too bright or that thinking feels harder than usual. A school-age child may not recognize that something is wrong. A teenager may downplay symptoms to avoid missing a game or falling behind in school.

It is also worth noting that in Washington, as elsewhere, emergency rooms frequently clear children based on the absence of visible trauma or normal CT results. That is appropriate triage, but it is not the same as a concussion evaluation. A normal scan on the night of the crash might not rule out a concussion, and parents who are told their child is "fine" at the ER sometimes spend weeks wondering why their child is struggling in school, sleeping poorly, or having emotional outbursts they cannot explain.

Common signs of concussion in children include:

  • Unusual irritability, fussiness, or crying, especially in infants and toddlers
  • Changes in sleep patterns, either sleeping more than usual or having trouble sleeping
  • Sensitivity to light or noise
  • Headaches, which a young child may express simply as not wanting to be touched on the head
  • Difficulty concentrating or a noticeable drop in school performance
  • Memory problems, including forgetting the crash itself
  • Nausea or vomiting
  • Seeming foggy, slow, or unlike themselves

Importantly, many of these symptoms do not immediately appear. It is not uncommon for a child to seem perfectly fine in the hours following a crash, only to develop noticeable changes in mood, sleep, or function in the days that follow. Documenting those changes as they emerge, with dates, is one of the most valuable things a parent can do.

The Long-Term Consequences of an Untreated Concussion

For children, a missed or undertreated concussion is not simply a short-term inconvenience. Because the brain is still growing and forming critical connections, a concussion that goes unaddressed can have consequences that ripple into adolescence and adulthood.

Children who do not receive appropriate rest, monitoring, and gradual return to activity are at greater risk for post-concussion syndrome, a condition where symptoms persist for weeks or months beyond the initial injury. 

There is also concern in the medical community about second-impact syndrome, a potentially catastrophic condition that can occur if a second head injury happens before the first has fully healed. The evidence base is still developing, but the precautionary principle is well-established in pediatric concussion management: a child should not return to contact activities until fully cleared.

Beyond the acute risks, research has increasingly connected childhood brain injuries to longer-term challenges including learning difficulties, emotional and behavioral changes, anxiety, depression, and problems with memory and attention. 

For a child in the middle of critical developmental years, any of these effects can alter their academic trajectory and quality of life in ways that are difficult to fully measure. That difficulty in measurement is exactly what makes these claims hard to value and easy for insurers to minimize.

Why Insurance Companies Push Back on These Claims

Pediatric concussion claims are a common target for insurance adjusters, and the reasons make sense on the surface. Because concussions generally do not show up on standard MRI or CT imaging, adjusters will often point to "normal" diagnostic results as proof there is no serious injury. This is misleading. A concussion is a functional injury to the brain, not a structural one, and the absence of a visible lesion on imaging does not mean the injury did not occur or that the child is unaffected.

Insurers also frequently argue that symptoms are vague, exaggerated, or unrelated to the crash, particularly when there is a delay between the collision and when symptoms were first reported or documented. They may downplay the severity of the collision itself, especially in lower-speed impacts, and use that to argue the forces involved could not have caused a brain injury. This reasoning ignores the fact that a child's developing brain is more vulnerable to the lasting consequences of concussive injury than an adult's, and that there is no universally safe threshold of impact when it comes to the developing brain.

Under Washington law, insurers are required to conduct a reasonable investigation of every claim before denying or minimizing it. When an adjuster dismisses a pediatric TBI claim based on the absence of imaging findings alone, without accounting for the well-established medical understanding of how concussions work, that falls short of what the law requires. It does not always rise to the level of bad faith, but it is the kind of conduct that an experienced attorney knows how to challenge.

Perhaps most frustratingly, insurance companies often resist compensating for the long-term effects of a childhood concussion because those effects may not be fully apparent for years. Valuing a claim for a child whose academic and developmental future is still unfolding requires experience, the right experts, and a willingness to push back. Adjusters are not in the business of giving your child the benefit of the doubt.

What Parents Should Do After a Crash

If your child was in a car collision, even one that seemed minor, taking the following steps can protect both their health and any future claim:

  • Seek medical attention promptly 

Do not wait to see how your child feels in a few days. Have them evaluated by a medical provider as soon as possible after the crash, and mention the collision specifically so it is documented in their records.

  • Watch for delayed symptoms 

Keep a close eye on your child for the first 7 to 10 days following the crash. Write down any changes in sleep, mood, behavior, appetite, or school performance, along with the date you first noticed them.

  • Follow all medical advice 

If a provider recommends rest, a reduced school schedule, or limited screen time, carefully follow those instructions and keep records of all follow-up appointments and communications.

  • Do not assume a minor impact means a minor injury 

The force experienced inside a vehicle during a crash is not always obvious from looking at the cars involved. Children's brains can sustain injury in collisions that leave adults symptom-free.

  • Be cautious with insurers 

Do not give a recorded statement or sign any documents from the at-fault driver's insurance company before speaking with an attorney. These companies often move quickly to close claims for less than they are worth.

  • Contact an attorney before the statute of limitations runs 

In Washington, personal injury claims generally must be filed within three years of the date of the collision. However, claims involving minors are subject to different tolling rules that can extend that deadline. An attorney can help you understand exactly how much time you have and make sure nothing is missed.

How an Experienced Pediatric TBI Attorney Can Help

Pediatric TBI claims require a different approach than a standard soft tissue case. An attorney experienced in these claims will move quickly to preserve evidence, including sending preservation letters to prevent the destruction of any vehicle data or surveillance footage, and will work with neuropsychologists, pediatric specialists, and vocational or educational experts to build a complete picture of how the injury has affected your child and what the future may hold.

In Washington, attorneys handling these cases also need to understand how to work within the state's mandatory personal injury protection (PIP) coverage framework, which requires auto insurers to pay initial medical expenses regardless of fault. Coordinating PIP benefits correctly from the start, and understanding how those payments interact with any eventual recovery, is part of making sure the full value of your child's claim is preserved.

When a minor's claim resolves, Washington law also requires court approval of the settlement to protect the child's interests. This is an additional layer that parents and attorneys must navigate together, and it is one more reason why having experienced counsel matters in these cases.

Contact an Experienced Traumatic Brain Injury (TBI) Lawyer

If your child was hurt in a car collision and you have concerns about a head injury, call our main office line at 800.273.5005 or email our attorneys at . 

We invite you to reach out for a free consultation. There is no cost and no obligation. We are here to answer your questions and help you understand your options.

GLP Attorneys works directly with psychologists and neurologists specializing in treating and documenting brain injuries. We bring our collective experience and past successes to every traumatic brain injury case within the firm.