North Hollywood, CA – A father has been sentenced to 12 years and 8 months in state prison after a brutal assault left his 14-month-old son with permanent brain injuries, according to Los Angeles County authorities.
The attack occurred on March 22, 2022. The child was rushed to the hospital for emergency brain surgery. The Los Angeles Police Department confirmed that the assailant, Cesar Daniel Cabrera Jr., 23, confessed to the act during police questioning.
Cabrera initially pleaded not guilty to a felony charge of child abuse under conditions likely to cause significant bodily harm. He also admitted to personally inflicting serious injury on a child under the age of five. The sentence includes two additional counts of residential burglary in separate cases.
County District Attorney Nathan Hochman stated:
“The level of violence inflicted on this defenseless child is simply monstrous. Our office will continue to seek maximum accountability for those who harm children.”
The Silent Impact of Childhood Brain Injuries
At BIHC, we know that brain injuries sustained in early childhood can shape the course of a person’s entire life. Trauma during this critical developmental stage can cause lasting cognitive, emotional, and physical effects.
Children with traumatic brain injuries (TBI) may suffer from:
- Memory and learning difficulties
- Severe behavioral or emotional changes
- Delayed motor or language development
- Challenges with social interaction and independence
These injuries are often invisible, but their impact is devastating and lifelong.
Who Can File a Lawsuit for a Child with Traumatic Brain Injury?
Under California Code of Civil Procedure § 372, a minor cannot file a lawsuit on their own, but they may be represented by:
- A parent (if no conflict of interest exists)
- A court-appointed legal guardian
- A guardian ad litem—a person designated by a judge to protect the child’s legal rights
“The guardian ad litem shall have the power to compromise or settle the action, subject to court approval.” – CCP § 372(b)
What Damages Can Be Recovered on the Child’s Behalf?
- Past and future medical expenses
- Physical, cognitive, and emotional therapy
- Pain and suffering, trauma, and mental distress
- Loss of future quality of life and development
Additional damages may be sought under California’s Civil Code § 3333.4 in cases involving permanent disability or disfigurement, primarily when cognitive, motor, or communication abilities are affected.
The court may also order the establishment of special needs trusts to ensure the child receives lifelong medical care and support.
What If the Abuser Is a Family Member?
California law does not prevent a child from filing a lawsuit against a close relative. In abuse cases, Penal Code § 273a ensures that the child has a full right to legal protection and civil compensation.
In such situations, the court may appoint an independent guardian ad litem—such as a licensed attorney—to act solely in the child’s best interests during the civil process.
Do You Know a Child Abuse Victim with Brain Damage?
At the Brain Injury Help Center (BIHC), we provide:
🔹 Free case evaluation
🔹 Access to specialized medical care
🔹 Legal guidance to ensure justice and appropriate care
🔹 Emotional support for affected families
🔹 Civil litigation support for pediatric brain injury claims
📞 Contact us today for a free consultation. Early intervention can change a child’s life forever.
