A parent’s first mission is to keep their kids safe. Sadly, many children are too young to recognize danger or are more vulnerable to the negligent actions of others. When this happens, a seemingly innocent incident can result in severe injuries that impact every aspect of a child’s life. Children have the same rights to demand compensation following an injury as an adult. However, these kids must rely on their parents or legal guardians to pursue civil claims on their behalf.
An Elgin child injury lawyer at The Kryder Law Group may be able to help injured children and their families seek monetary damages from at-fault parties. Our committed team of personal injury attorneys have experience handling child injury claims following accidents, instances of intentional harm, and a failure to provide proper supervision.
Children face exposure to many of the same hazards that can affect adults. Kids ride in cars, walk down the street, and visit grocery stores. The same laws that place duties on defendants to protect adults also extend to children. For example, drivers must take care not to cause accidents through distracted driving, and landowners must warn visiting children of potential hazards.
In some situations, the law may even place an enhanced duty on defendants to protect children. A prime example is the concept of attractive nuisances. Normally, a landowner does not need to protect a trespasser from accidental harm. However, if the defendant’s land contains an object or feature that may draw a child onto the property—such as a swimming pool or trampoline—these landowners must take special precautions to prevent trespassing children.
Finally, many children face exposure to harm that may not endanger adults. Riding in school buses, abuse by teachers or coaches, and even their nature as being less resilient than adults may lead to new causes of action or enhanced injuries. A seasoned Elgin child injury attorney could explain how a defendant’s actions exposed a child to unreasonable danger and caused them harm.
Children have the same rights to demand financial recovery for their losses as any other person. However, because children cannot enter into contracts under the law, they must pursue their claims through their parents or legal guardians. This creates interesting questions regarding what is in the best interest of the child.
Courts in Elgin must hold special hearings to approve a settlement contract after a personal injury involving a minor when the money involved is more than $10,000. The purpose of these hearings is to examine whether the settlement terms are in the best interests of the child.
According to 735 ILCS 5/13-202, most people must file a claim seeking damages for an injury no more than two years after an accident. However, the state of Illinois allows for special exceptions for children that may allow parents to wait any amount of time up until the child’s 18th birthday. Even though state law demands extra steps when pursuing a settlement in excess of $10,000, it is important to be cognizant of the time limits for filing suit. Contact a qualified child injury lawyer in Elgin as soon as possible to ensure this requirement is met in your case.
All people who suffer a personal injury because of the negligence or intentional violence of another deserve compensation for their losses, and children are no exception to this rule. In addition to the laws that describe the proper operation of cars, maintenance of land, and production of safe products, children also enjoy protections that extend beyond those of adults.
However, the laws in Elgin can also complicate a personal injury claim that names a child as a plaintiff. Even if the case ends with a settlement, a judge must still approve that settlement as serving the best interests of the child.
An Elgin child injury lawyer may be able to help parents and children hold negligent parties responsible for their actions. Ideally, this can result in a fair settlement sum that creates a bank account to provide for the child’s future, and that covers all relevant medical costs. Contact one of the dedicated attorneys at The Kryder Law Group today to schedule a consultation.