There’s nothing more devastating than seeing your child get hurt, particularly when they are injured in accidents caused by another party’s negligence. If your child has been injured because of someone else’s carelessness, a Chicago child injury lawyer from our personal injury law firm can help navigate the legal process, including gathering evidence and negotiating with insurance companies for fair compensation.
Who Can File a Personal Injury Lawsuit for a Child’s Injury?
In Illinois, because minors under the age of 18 are considered to have a “legal disability,” a personal injury lawsuit or claim for a child must be filed by a parent or legal guardian on the child’s behalf (735 § 13-211).
How Does Illinois Protect Children?
The Illinois Department of Children and Family Services (DCFS) works to protect children from accidental and intentional harm.
Child Care Act of 1969
This act (225 ILCS 10/) sets the essential health and safety standards for Illinois daycare centers, including staff background checks, adequate supervision, and facility safety.
Child Passenger Protection Act
This law (625 ILCS 25/) mandates that children under eight must use a proper car seat or booster when in a vehicle.
School Safety Regulations
The Illinois State Board of Education sets clear rules for school safety, covering playground equipment, emergency plans, and more (105 ILCS 128/). It establishes minimum safety standards for all K–12.
Premises Liability Act
This act (740 ILCS 130/) holds property owners accountable for keeping their premises safe, reducing accidents and injuries.
What Responsibilities Do Daycare Centers and Schools Have for Child Safety?
Daycare centers and schools have a duty to provide a secure environment for their pupils. This involves providing proper supervision, safe equipment and facilities, and following state and federal rules.
They must identify and address hazards, implement emergency plans, conduct safety drills, keep incident records, and train staff for emergencies. By doing so, they protect children and foster a safe learning environment.
Common Types of Child Injuries
Children can be injured in many ways, and the long-term effects can be significant. These injuries can happen anywhere, from daycare centers and playgrounds to your own home. Child injuries in Chicago can arise from daycare negligence, playground accidents, motor vehicle accidents, defective products, swimming pool accidents, and animal attacks.
Common injuries range from minor scrapes and bruises to serious injuries that include broken bones, head injuries, drowning, near-drowning, traumatic brain injuries (TBIs), and emotional trauma. The most serious accidents can involve permanent disabilities and death.
School, Daycare, and Playground Injuries
Injuries at school can occur due to negligent supervision or unsafe conditions. According to the Centers for Disease Control and Prevention (CDC), playground accidents are a leading cause of injuries among children, accounting for over 200,000 emergency visits by children under 14 per year. Common injuries from playground accidents include fractures, concussions, and lacerations.
Other injuries can happen from school bus accidents, sports, and general mishaps in the classroom. Sports injuries in children often include sprains, fractures, and concussions. Bicycle accidents can occur due to collisions with vehicles or a lack of proper safety gear.
Injuries from Negligence
A child can be injured due to another party’s negligence in various situations:
- Daycare negligence: injuries can be sustained while under the care of a daycare provider.
- Traffic accidents: children can be injured as pedestrians, cyclists, or passengers in car accidents.
- Medical malpractice claims: Medical malpractice can lead to severe injuries or worsened conditions in children. Birth injuries are an example of injuries to a child caused by a healthcare professional’s medical negligence.
Injuries In and Around the Home
Many injuries occur in or near a child’s home.
- Animal attacks: dog bites are a top cause of injury claims involving children.
- Defective products: flawed toys or products can lead to choking, strangulation, or burns.
- Household accidents: common injuries in the home include falls and burns.
- Drowning: drowning and near-drowning incidents are common causes of injury and death in children.
What Steps Should a Parent Take After Their Child Is Injured?
If your child has been injured, your first priority is your child’s health and well-being. Seek medical attention immediately, even if the injury seems minor; some injuries are not immediately apparent.
After your child is safe, here are some important steps to take:
- Document everything. Write down exactly what happened as soon as you can. Note the date, time, and location of the incident. Take photos and videos of the injury and the scene where it occurred.
- Identify witnesses. If anyone saw what happened, get their names and contact information. Their statements can be valuable.
- Preserve evidence. Gather evidence immediately after a child’s injury, including details about the incident. Keep any physical evidence—such as a defective product or torn clothing—in a safe place. Do not alter it.
- Keep records. Maintain a file with all related documents, including medical reports, bills, and any communication with insurance companies.
- Contact a lawyer. It’s a good idea to speak with an attorney who handles child injury cases. They can help you understand your legal options for seeking justice.
How Can a Chicago Child Injury Attorney Help?
When your child is injured, the legal process can feel overwhelming, so a lawyer who understands the specifics of child injury cases can make a significant difference for you and your family.
If your child suffered because of someone else’s negligence, our experienced child injury attorneys can provide crucial support and legal guidance.
Our personal injury attorneys:
Provide Knowledge and Support
If your child suffered severe injuries because of someone else’s negligence, our experienced child injury attorneys can provide crucial support and legal guidance.
- We understand Illinois child protection laws, including the Child Injury Act and DCFS regulations.
- Our legal team has experience in child-related claims, such as daycare negligence and school accidents.
- Legal advocates recommend that child injury cases take a trauma-informed approach, especially in cases involving sexual abuse. We understand the importance of empathy when interacting with injured children and their families during a difficult time.
Guide You Through the Legal Process
An experienced child injury lawyer can help parents navigate the legal process.
- Since children under the age of 18 cannot file injury claims or lawsuits in Illinois, we guide you through every step.
- We gather evidence, negotiate with insurance companies, and file a lawsuit on your child’s behalf (if necessary) to pursue maximum compensation.
Investigate the Accident to Build a Strong Case
- We thoroughly investigate the incident to identify all liable parties.
- It is critical for law firms to have access to expert witnesses for complex child injury cases, such as pediatric medical specialists and life-care planners, to build a strong case.
- Our team analyzes evidence like medical records, accident reports, and witness statements to strengthen your claim.
Prove Liability
Chicago child injury lawyers can ensure that the responsible parties are held accountable.
Calculate Your Damages
- We calculate the child’s medical expenses—both current and future—ensuring that all costs are accounted for, including hospital, doctor, and physical therapy fees.
- We factor in non-economic damages, such as physical pain and suffering, to seek full and fair compensation.
- Our team works to quantify long-term impacts, such as lost earning potential or necessary accommodations.
Negotiate with Insurance Companies
Insurance companies often aim to minimize payouts, leaving families struggling to cover their losses. Our attorneys take on the burden of negotiating with insurers to ensure your claim is not undervalued. We use evidence and legal know-how to fight for the maximum compensation you and your child deserve.
Represent You in Court
While most cases settle out of court, our attorneys are always prepared to represent you in court if a fair settlement isn’t reached. We build a strong case with comprehensive evidence to advocate for your rights and secure the compensation your child deserves.
How Does a Child Injury Lawyer Prove Negligence?
Negligence can be complex to prove, and consulting an experienced personal injury lawyer is recommended for navigating these cases. The legal standards for negligence differ for children compared to adults, as children are considered less responsible for their actions.
- Duty of care—the defendant owed a duty of care to the child.
- The breach of duty—the responsible party failed to act as a reasonable person would under similar circumstances.
- Causation—there is a direct link between the breach of duty and the injury sustained by the child.
- Damages—actual damages must be demonstrated, which can include physical harm, emotional distress, or financial losses such as medical bills.
What Compensation May Be Available When Children Suffer Injuries?
In Illinois, compensation for a child’s injury can include medical expenses, rehabilitation costs, and other damages related to the injury. A child’s injury claim can seek compensation for:
Economic Damages
Economic damages cover the quantifiable financial losses resulting from the injury. These are tangible costs that can be calculated and include:
- Current and future medical bills for ongoing medical care
- Rehabilitation and therapy costs
- Future lost income if the injury impacts the child’s ability to earn a living later in life
Non-Economic Damages
Non-economic damages account for subjective losses, including:
- Pain and suffering
- Emotional distress and mental anguish
- Disability or disfigurement
- Diminished quality of life
In the tragic event of a fatal injury, a wrongful death claim may be filed.
Punitive Damages
In cases where a child injured by the defendant’s behavior was particularly reckless or intentional, punitive damages may be awarded. These are not meant to compensate for losses but to punish the at-fault party and discourage similar conduct in the future.
How Compensation Is Managed
Child injury claims in Illinois have specific legal requirements to protect the child’s best interests.
- Court approval: Settlements often require court approval to ensure they are fair to the child. A Guardian Ad Litem (GAL), an attorney appointed by the court, may review the settlement agreement.
- Trusts: Parents can access funds for their child’s immediate medical needs. However, compensation for pain and suffering is typically held in a trust until the child turns 18.
Who Can Be Held Liable in Chicago Child Injury Cases?
Determining liability for a child’s injury in a daycare or school setting can be complex and may involve multiple parties, including:
- Individuals: this includes parents, caregivers, teachers, medical professionals, or any other negligent individual who caused harm to your child.
- Companies: if a product or service causes harm to your child due to defects or negligence, you may hold the company responsible.
- Government entities: if your child’s injury occurred on government property or due to negligence by a government employee, you may hold the entity accountable.
How Long Do I Have to File a Lawsuit?
The statute of limitations for filing a personal injury claim in Illinois is generally two years from the date of the injury, but this is extended for minors until they turn 20. A seasoned child injury lawyer can advise you about your child’s circumstances.
Chicago Child Injury FAQs
Do liability waivers prevent legal action against daycare facilities in Illinois?
Liability waivers signed by parents at daycare facilities do not typically prevent legal action for negligence.
Can I sue a school district for my child’s injuries?
By law, public schools in Illinois are generally immune from liability for accidents that injure children unless willful and wanton misconduct is proven.
How much is my child’s case worth?
The value of a child injury case can vary greatly depending on the circumstances surrounding it, including medical expenses and the strength of evidence.
What if my child was partially to blame for the accident?
If your child was partially to blame, Illinois follows a modified comparative negligence rule. This means the child can still recover compensation as long as they are 50% or less at fault for the accident (735 ILCS 5/2-1116). However, there are age restrictions.
The “Rule of Sevens” in Illinois presumes that children under the age of seven are incapable of contributory negligence.
- Under 7: children cannot be held responsible for their injuries.
- Ages 7 to 14: they are generally not considered at fault, but this can be challenged.
- Over 14: they are held to the same standard as other teens their age.
- Adult activities (like driving): minors are judged by the same standards as adults.
Will my child have to testify in court?
Since the vast majority of personal injury cases settle before reaching a trial, there is no guarantee your child will have to testify in court. If the case does go to trial, they may have to testify as the accident victim, but their involvement depends on their age, the necessity of their testimony, and a judge’s ruling on their “competency.”
Contact a Chicago Child Injury Attorney Today
If your child has suffered serious injuries due to someone else’s negligence, call us for legal help. We will guide you through the process to pursue compensation for your child’s injuries and hold the negligent party accountable.
Hiring a child injury lawyer from our personal injury law firm involves a contingency fee arrangement, meaning families only pay legal fees if we win compensation.
Reach Out for a Free Consultation
Our Chicago personal injury lawyers offer an initial consultation with a child injury attorney that is free—our purpose is to assess the case’s viability, to explain your legal options for financial recovery, and to answer your questions.
(312) 223-1700