Childhood injuries are a fact of life, but no child should be hurt because of another adult’s intentional or reckless acts. In these cases, the responsible party has an obligation to compensate a child and their family for this harm. When another person hurts your child, you could bring a personal injury lawsuit against the responsible parties on your child’s behalf.
Some aspects of an injury claim become more complex when the injured person is a legal minor. If you are considering suing on behalf of your child, working with a legal professional who is familiar with these challenges is crucial. A Rosemont child injury lawyer has the skills, knowledge, and network to achieve the most favorable result for your family.
Determining Whether Negligence Caused Your Child’s Injury
Negligence is a legal concept describing when someone did not exercise reasonable care to prevent a foreseeable injury to someone else. A negligent party could be a person, group of people, business, organization, school district, or unit of government. If a child is injured under one of the following circumstances, it is likely that someone’s negligence had a role:
- Traffic accident
- Incident involving a malfunctioning escalator or elevator
- Drowning or near-drowning in a pool or public beach
- Mishap at a playground, gym, recreational space, or sports league
- Medical error, including birth injury
- Building fire
- Injury from a defective product
Physical or sexual abuse by someone entrusted to care for the child also constitutes actionable negligence in many cases.
Regardless of the exact circumstances of a harmful incident, a parent bringing an action on behalf of their child must prove another party’s negligence to receive damages. The evidence required to prove liability differs according to the facts of the case. A Rosemont legal professional is adept at identifying negligent or intentional conduct that leads to liability to child injury cases.
Calculating Future Damages in Child Injury Cases
A negligent party is responsible for paying a child’s damages. Recoverable damages in these cases may include compensation for a child’s pain, emotional suffering, disability, and lost enjoyment of life resulting from their injuries.
A negligent party must also compensate the losses a child is likely to experience in the future. However, accurately estimating future damages in cases of severe injury to a child can be challenging. Compensation should address if an injury or condition would limit a child’s ability to support themselves in the future. Similarly, damages should pay for any necessary ongoing medical treatment once they reach adulthood–such as surgeries, home health visits, or other support.
Determining how significant a child’s permanent deficits will be and how they will affect the child as an adult requires input from experts. A Rosemont attorney knows a network of professionals who could assess your child’s current and future medical status and project the long-term economic impact of their injuries.
Securing Compensation for a Legal Minor
When the plaintiff is a child, the law requires a judge to approve any settlement to ensure it furthers the child’s best interests. The judge usually wants to review a statement from the child’s physician describing their physical condition and prognosis before approving a settlement. Sometimes, especially when a child is permanently disabled, and the settlement is substantial, the court might appoint a Guardian ad Litem to advocate for the child’s best interests.
The money a child gets for their pain, suffering, lost opportunities, and other damages is theirs, and they gain the legal right to access the funds when they turn 18. The money is sometimes put in an annuity or trust account for the child’s benefit. According to 755 Illinois Compiled Statutes § 5/25-2, when the total settlement amount does not exceed $10,000, the money could be directly paid to the parent. Typically, parents cannot use the money set aside for their child except in very limited circumstances and with the court’s permission.
Work With a Rosemont Attorney to Pursue Damages After a Child’s Injury
If your child suffered injuries you believe resulted from another party’s negligent conduct, you could bring a personal injury lawsuit on their behalf. Your claim could provide funds to compensate your child for their pain, suffering, and lost work opportunities.
A Rosemont child injury lawyer could ensure your child has the resources they need to get the most out of life despite their injuries. Discuss your situation with a seasoned attorney at The Kryder Law Group, LLC today.