A child’s injury can be a traumatizing experience for both the child and their family. When the child’s serious injuries were caused by another person’s negligence, seek legal counsel from a qualified Elgin child injury lawyer from our personal injury law firm. We have a proven track record of handling cases involving injuries to minors and will guide you through the legal process to pursue compensation.
In this Article
What Illinois Laws Protect Children from Injuries?
Illinois has laws in place to protect children:
- Mandatory reporting of child abuse or neglect: Department of Children and Family Services (DCFS)
- Child restraint laws: Illinois law requires all children under the age of eight to be secured in an appropriate car seat or booster seat while riding in a motor vehicle
- School safety regulations: 105 ILCS 128/
- Laws related to child labor: 820 ILCS 205/1
Types of Child Injuries in Elgin
Children can sustain serious injuries from playground equipment at schools and daycare centers, such as falls, spinal cord injuries, broken bones, and traumatic brain injuries (TBIs).
Some other common causes and types of injuries are:
- School bus accidents, which can result in severe injuries to children due to the lack of safety restraints on buses
- Swimming pool accidents—drowning is a leading cause of death among young children
- Birth injuries and medical malpractice
- Dog bites (Illinois law holds dog owners strictly liable for bites)
- Premises liability claims
How an Elgin Child Injury Attorney Can Help
When a child suffers a serious injury caused by someone else’s negligence, seek legal help from an Elgin personal injury lawyer.
Statute of Limitations
Under Illinois law (735 ILCS 5/13-211), the statute of limitations for personal injury is generally two years. However, for minors, this two-year period does not start until their 18th birthday, giving them until they are 20 years old to file a lawsuit.
It is critical to review your particular case with an experienced attorney to ensure you do not miss deadlines that prevent you from recovering full compensation.
Protecting Your Child’s Rights
Personal injury attorneys advocate for children, ensuring their rights are protected and securing maximum compensation for their current and future medical needs. Many personal injury lawsuits are settled through negotiations, but if yours isn’t, we can take the case to court.
Settlement Negotiations with Insurance Companies
Insurance companies may try to settle child injury cases for less than they deserve. Skilled IL personal injury lawyers know how complex the legal system can be and can negotiate for fair settlements that fully consider an injured children’s injuries.
Proving Negligence
To obtain fair compensation for your child’s injuries, you need to determine the liability of negligent parties. An Elgin personal injury lawyer can complete a thorough investigation to gather evidence (like accident reports) and build a strong case to hold the responsible party accountable.
Obtaining Compensation for a Child’s Injuries in Elgin, IL
As a parent or legal guardian, you need to know how much compensation personal injury cases can bring. You can seek financial compensation for your child’s injuries by filing a personal injury claim. This legal claim may include many forms of monetary damages (economic damages and non-economic damages):
- Medical expenses, both current and future
- Pain and suffering
- Emotional distress, emotional pain, and emotional trauma
- Rehabilitation and therapy costs
- Home modifications to accommodate any permanent injuries
- Lost wages incurred by parents or guardians
In Illinois, settlements involving minors require approval from a judge or probate court; parents, guardians, and minors themselves usually cannot manage large settlements without court approval.
Who Can Be Held Accountable for Child Injury Accidents?
Children under seven cannot be held liable for injuries. An at-fault party who is held liable for the accident may include individuals or entities who were negligent, such as drivers in car accidents. It can also include property owners who failed to maintain safe premises, manufacturers of defective products that caused harm, or schools and other institutions that were negligent in their supervision of children.
Unlike many states, Illinois doesn’t use the “attractive nuisance” rule. Instead, it uses a standard negligence test that focuses on whether the harm was foreseeable.
Contact an Elgin Child Injury Lawyer Today
If your child has been injured due to someone else’s negligence, learn how you may recover compensation by contacting our Elgin child injury attorneys. We have decades of experience handling legal cases and work on a contingency fee basis.
Free Consultations
Potential clients can schedule a free consultation with a skilled attorney from our Illinois personal injury law firm who will review your case, explain your legal options, and answer your questions. Let us help you seek the compensation your child deserves.
(312) 223-1700