According to Illinois personal injury laws, minors are unable to file a personal injury lawsuit. However, they may be able to file a lawsuit once they reach the age of consent or have parents or legal guardians file lawsuits on their behalf.
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If a child has sustained an injury, and someone’s negligence led to that injury and subsequent damages, call Ankin Law at 312-600-0000 for a free consultation to discuss your options with one of our Chicago personal injury attorneys.
Understanding Personal Injury Lawsuits for Minors in Illinois
So, can a minor file a personal injury lawsuit in Illinois? Consider the Illinois personal injury laws for minors. Like other states, Illinois doesn’t allow individuals under the age of 18 to file lawsuits due to their status as minors.
As such, if a minor sustains injuries because of another person’s negligence, the victim will either need to wait until he or she turns 18 to file a lawsuit or have a parent or legal guardian do so for him or her.
There are several key considerations to keep in mind regarding minor injury claims, including:
The Statute of Limitations
One factor that will influence a personal injury case involving a minor plaintiff is the statute of limitations for the case. While the typical statute of limitations for personal injury lawsuits is two years from the time of the injury or discovery of the injury, this deadline will extend for minor victims.
Specifically, the two-year statute of limitations will begin for minors when they turn 18, at which time they will have two years to open a case before they’re unable to seek compensation, unless other exceptions apply, such as the victim being incapacitated due to his or her injuries.
Ad Litem Guardianship
In many cases involving a minor, the court will appoint a guardian ad litem, or GAL, to represent the minor throughout the legal process. This guardian will be able to make legal decisions on behalf of the minor to seek compensation in a lawsuit.
Settlement Approval
If the plaintiff is a minor, the court may need to approve the settlement prior to payout. In doing so, the court will confirm whether the settlement is fair and that the minor will benefit from proper management of settlement funds.
Accidents That Can Cause Injuries to Minors
Many types of accidents can cause injuries to children, with some common instances of negligence involving the following personal injury examples:
- Car Accidents: Many individuals suffer mild to life-threatening injuries in car accidents, including minors, whether as drivers or passengers.
- Medical Malpractice: Healthcare professionals may be liable for medical malpractice if they failed to meet the standard of care expected of professionals in their field, leading to injuries or illnesses through misdiagnoses or other medical errors.
- Playground and School Accidents: Children can sustain injuries on playgrounds or at school, some of which could result from the negligence of school administrators, staff, municipalities, or other parties.
- Sports Injuries: Minors involved in sports may suffer various injuries that may result from the negligence of coaches, teachers, or others.
- Dog Bites: A dog owner may be liable for dog bite injuries to a minor if he or she was aware of the dangers the dog posed and failed to take measures to mitigate the risk of a bite, such as properly supervising the dog.
- Falls: Slip and fall accidents or other types of falls can cause serious injuries and make property owners or other parties responsible if they could have prevented the accident.
Damages That Victims Can Recover
The median compensation that victims receive in Illinois personal injury lawsuits is $26,624. However, settlements could vary greatly and be anywhere from thousands to millions of dollars, depending largely on the damages involved in the case.
There are multiple types of damages that a parent or legal guardian could recover on behalf of a minor, including:
Economic Damages
Personal injury cases frequently involve economic damages, which account for all the financial losses resulting from an accident.
There are multiple types of economic damages that minors suffer, such as medical expenses for immediate to long-term care, rehabilitation costs, loss of future earning potential, educational needs, and therapy.
Non-Economic Damages
It’s also possible to recover non-economic damages in these cases, which cover the personal experience and negative impact on a victim’s quality of life following an accident. For example, victims could recover compensation for pain and suffering, disfigurement, loss of enjoyment of life, trauma, and psychological distress such as anxiety and depression.
Punitive Damages
Some cases may also see the court award punitive damages if a defendant is liable for gross negligence or malicious acts. This egregious behavior can lead a judge or jury to make an example of the defendant in the hope that that particular type of incident doesn’t reoccur.
Steps to File a Personal Injury Claim on Behalf of a Minor
To file a personal injury claim or lawsuit on behalf of a minor, this process will entail the following key steps:
Getting Medical Care
Victims should receive medical care immediately following an accident to begin treatment and begin building medical records connecting any injuries to the accident. Make sure your child doesn’t delay getting care from his or her doctor, as this step will be crucial in helping make a full medical recovery and proving liability.
Collecting Evidence
There are many pieces of evidence you need to prove that a liable party caused a child’s injuries, including:
- Medical bills, records, and receipts
- Photos or video footage of injuries and the accident scene
- Receipts for repairing or replacing damaged belongings
- Police reports
- Witness testimony
Connecting With an Attorney
If you’re ready to proceed with a case and want to seek compensation on a minor’s behalf, consult an experienced personal injury attorney in Chicago to discuss a claim or lawsuit. Otherwise, if you try to settle your own personal injury case, there are many risks you could face that might compromise your chances of getting total compensation. An attorney can help determine how much compensation a case is worth, gather evidence, and initiate a claim or lawsuit.
Calculating Damages
With an attorney by your side, you can also effectively quantify all the damages involved in a personal injury case. In the process, your lawyer could incorporate economic, non-economic, or even punitive damages into a final settlement amount. This step is critical for determining precisely how much your case is worth to avoid accepting settlements that go below the case’s actual value.
Negotiating a Claim
Your attorney can work with you to file a claim against a liable party’s insurance company if this step is more ideal than filing a lawsuit. Insurers will use various strategies to try to minimize or deny a claim in many cases, eliminating your chances of recovering total compensation. Oftentimes, insurers will employ the tactic of making an initial settlement that’s far lower than the full settlement amount you can recover.
To prevent issues during negotiations, including making the wrong statement at any point, work with a personal injury lawyer who can effectively handle negotiations and continually negotiate to secure a favorable outcome.
Taking the Case to Trial
If the insurance claim doesn’t result in a settlement, you may proceed with filing a personal injury lawsuit for a minor victim.
This process would entail taking the case to court in a trial setting to hold the liable party responsible and further prove legal responsibility for the minor’s injuries. This process will involve various steps, from initiating the lawsuit and the court appointing a guardian ad litem to discovery and making a compelling concluding argument.
Again, having a lawyer at this stage is essential in helping maximize your chances of success and avoiding mistakes during the legal process.
When to Consult a Personal Injury Lawyer for a Minor’s Case
If a minor sustains injuries in any type of accident, and another party’s negligence was the cause, one of the first steps to take is to work with an attorney. Personal injury cases are often complex and comprise many intricacies that can make them difficult to navigate, especially those involving minors and someone filing on their behalf.
The right personal injury lawyer for minors in Illinois will guide you through your case and determine what options are available to you. In an initial consultation, a good attorney can discuss everything from the likelihood of a successful outcome to how much personal injury lawyers charge for their services, giving you a good idea of what you can expect in a claim or lawsuit.
Contact us for a free consultation with a reputable Chicago personal injury attorney at Ankin Law and discuss your case involving a minor.
