Children are generally some of the most vulnerable to injuries. Even though many parents and caretakers go to great lengths to protect them against both foreseeable and unexpected dangers, the process of growing up and experiencing the world exposes them to life’s hazards. Eventually, injuries are inevitable. However, when harm occurs because of another person’s negligence or malice, the injured child’s parents or guardians have the right to seek damages.
A Des Plaines child injury lawyer represents the interests of children and their families in civil lawsuits designed to obtain compensation for kids’ injuries. One of the determined personal injury attorneys at The Kryder Law Group is prepared to fight for justice for your child whether through an insurance settlement or a civil lawsuit.
In most respects, injuries that are suffered by children as the result of accidents are handled in the same way as injuries that happen to adults. When they are younger, children follow us everywhere, and once they are old enough to be independent, they travel in the same world we do. Therefore, children often suffer injuries in:
Any of these of accidents could be the result of someone else’s negligence. Negligence claims require that the injured party demonstrate that the defendant owed them a duty of care prior to the injury. They also must prove that a failure of this duty caused their damages. A Des Plaines child injury attorney could investigate the circumstances of a specific case and collect the evidence necessary to prove another party was at-fault.
In general, children enjoy no additional duty of care than that of adults. For example, all riders in cars—whether they are drivers or passengers—enjoy a duty of care against the actions of other motorists. The same can be said of kids riding their bikes or simply walking down the street. Duty has no age restrictions.
Another important aspect of negligence law that affects cases involving children is the concept of the “eggshell plaintiff.” This is a legal turn of phrase for the idea that the plaintiff must be accepted as they are when determining fault and damages in accidents.
Defendants in negligence cases often try to argue that the accident only happened because the victim was an adolescent. For example, they make argue that the child was a poor bike rider and contributed to their own injuries. This argument, however, has no bearing on the outcome of the case. It is the defendant’s conduct that determines fault in a case. The same is true for any injuries suffered in the accident. Just because children are more susceptible to injury due to softer bones or smaller frames does not mean that a defendant can escape responsibility.
Personal injury claims involving children present a unique situation if the case needs to go to court. Normally, all plaintiffs in personal injury cases must be the person injured. However, court rules also state that a child cannot be the plaintiff in a case, with a few rare exceptions. Therefore, all lawsuits alleging child injury must be filed by a parent or guardian on behalf of their child.
The timing of the lawsuit is also essential to success. The state of Illinois outlines a strict statute of limitations in 735 ILCS 5/13-202. This law states that any lawsuit that alleges personal injury must be filed no more than two years after the injury occurred. Even if a case appears to be a sure-fire win, if you fail to meet this time limit, the case cannot move forward. A proactive lawyer in Des Plaines could help injured children and their parents demand fair compensation in a timely manner.
Any personal injury can be a traumatic experience. The situation can be even more mentally taxing when the victim is a child. Fortunately, state law allows children to seek damages from negligent parties in much the same way as adults. Even so, they must pursue compensation with the help of a parent or guardian.
A committed Des Plaines child injury lawyer at The Kryder Law Group helps families understand their legal rights and pursue monetary damages within the framework of the law. No matter the type of case, there is a time limit that you must meet. Contact our firm as soon as possible to learn how we can help bring peace of mind and financial stability back to your family after a devastating accident.