Chicago Child Injury Lawyer
When a child is injured in an accident, the child’s parents can file a personal injury lawsuit on his or her behalf when injuries are caused by another person’s negligent actions. However, the child cannot sue for damages until he or she reaches age 18.
Injuries sustained in childhood can have a lasting impact on a victim’s life. From disabilities and delayed development to reduced earning capacity, children don’t deserve to suffer the consequences of an accident caused by negligence.
The experienced child injury lawyers at Ankin Law have represented victims for decades.
When you hire our legal team, you’ll benefit from:
- 24/7 Access to legal help
- 100 years of combined experience dealing with injury cases
- A FREE case review
- NO legal fees unless we win you a settlement
Injuries sustained in childhood can alter the trajectory of your child’s life. Call a child injury lawyer at Ankin Law to protect your family’s future. (312) 600-0000.
Table of Contents
Filing a Lawsuit for a Child’s Injuries
Children, or accident victims under the legal age of 18, are not permitted to file injury claims or lawsuits in Illinois. A personal injury lawsuit must be filed by a parent or legal guardian on the child’s behalf. The only exception to this rule is when an older child has been legally emancipated.
The standards of negligence in a personal injury case are different when the victim is a child. If an adult is injured because of the negligent actions of another person, fault plays a role in a lawsuit. For instance, if an adult is injured in a car accident, he or she may not be able to file a lawsuit if he or she is more than 50% at fault for the accident. Liability is different in accidents that involve children because the court considers victims under legal age to be mentally underdeveloped and less responsible for their actions.
When a personal injury lawsuit involves a young child, recovering lost wages is not applicable, but circumstances may allow parents to seek damages for future lost income. Parents and lawyers in Chicago must prove that the child has an injury that impacts future employment and ability to earn income. If this applies, parents can claim a loss of earning capacity and seek compensation for future lost wages. When determining compensation, the court will consider the injured child’s age, the severity of the child’s injuries, and the child’s overall life expectancy.
If the negligent actions of another person are proven in an Illinois court, compensation for losses related to medical expenses, disability benefits, pain and suffering, and lost future income may be awarded. Parents may be allowed to access funds for payment of the child’s medical expenses, rehabilitation, therapy, and personal needs, but funds for pain and suffering may be held in a trust account with the county clerk until the child reaches 18 years of age. The judge may also assign a Guardian Ad Litem to review a fair settlement agreement for the plaintiff and defendant.
Ankin Law: Helping to Secure the Futures of Injured Children
In a recent case that highlights our law firm’s ability to handle complex childhood injury cases, Chicago lawyers Howard Ankin and Jeff Schulkin expressed their satisfaction in being granted the opportunity to secure the future of a young victim. The legal team conducted extensive research and identified an expert witness to project future risks related to the child’s injuries. They secured a significant settlement for the family and arranged structured investments to provide funds for future treatment.
Common Causes of Children’s Injury Claims
Children’s injury claims arise from various scenarios where a child sustains harm or injury, often due to the negligence or recklessness of another party. These claims are essential for securing compensation to cover medical expenses, pain and suffering, and other related costs. Understanding the common causes of children’s injury claims can help in taking preventive measures and advocating for safer environments for children.
Playground Accidents
Playground accidents are a leading cause of injuries among children. These accidents often occur due to faulty equipment, lack of proper maintenance, inadequate supervision, or poorly designed play areas. Common injuries include fractures, concussions, and lacerations. Ensuring playgrounds meet safety standards and children are adequately supervised can help reduce these incidents.
School and Daycare Incidents
Schools and daycare centers are expected to provide a safe environment for children. However, injuries can occur due to inadequate supervision, unsafe facilities, or negligent staff. Common incidents include falls, injuries from unsafe playground equipment, and accidents during physical activities or field trips. Proper staff training, maintaining safe premises, and adhering to safety protocols are crucial in preventing these injuries.
Car Accidents
Children can be injured as passengers in vehicles involved in car accidents. These injuries can range from minor bruises to severe trauma, including head injuries and broken bones. Proper use of car seats, booster seats, and seat belts according to a child’s age and size is essential for reducing the risk of injury. Additionally, educating drivers on safe driving practices and the dangers of distracted or impaired driving can further prevent these incidents.
Bicycle Accidents
Bicycle accidents are another common cause of injuries in children. These can occur due to collisions with vehicles, poor road conditions, or lack of proper safety gear like helmets. Educating children on safe cycling practices, ensuring they wear appropriate safety equipment, and providing safe cycling infrastructure can help mitigate these risks.
Sports Injuries
Participating in sports and recreational activities is a common cause of injuries among children. These injuries often include sprains, fractures, and concussions. Ensuring that children are playing in safe environments, using appropriate gear, and receiving proper training and supervision can help reduce the occurrence of sports-related injuries. Additionally, enforcing rules and guidelines for safe play is critical.
Dog Bites
Dog bites are a top cause of injury claims involving children. These incidents can result in severe physical injuries and emotional trauma. Children are often more vulnerable to dog bites due to their smaller size and lack of understanding of animal behavior. Educating children on how to interact with dogs, ensuring dogs are properly trained and restrained, and supervising interactions can help prevent these injuries.
Defective Children’s Products
Injuries caused by defective products, including toys, clothing, and furniture, are a concern. These products can cause choking, strangulation, burns, and other injuries. Ensuring that products meet safety standards, monitoring recalls, and supervising children during use can help prevent injuries from defective products.
Accidents in the Home
Accidents within the home, such as falls, burns, and poisoning, are common causes of injuries in children. These incidents often occur due to unsafe conditions, such as unsecured furniture, hot surfaces, and accessible toxic substances. Implementing safety measures, such as securing furniture, installing safety gates, and keeping hazardous materials out of reach, can significantly reduce the risk of home accidents.
Swimming Pool Accidents
Drowning and near-drowning incidents in swimming pools are common causes of injury and death in children. These accidents often occur due to inadequate supervision, lack of barriers around pools, and failure to enforce swimming safety rules. Ensuring pools are properly fenced, providing constant supervision, and teaching children to swim can help prevent these tragic incidents.
Medical Malpractice
Medical malpractice, including errors in diagnosis, treatment, and medication, can lead to severe injuries or worsened conditions in children. Ensuring that medical professionals adhere to the highest standards of care, seeking second opinions when necessary, and advocating for the child’s health can help prevent injuries related to medical negligence.
Was your child injured by a defective children’s toy? Call Ankin Law at (312) 600-0000 to start your case today.
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How Much Is My Child’s Injury Claim Worth?
The value of a children’s injury claim can vary based on the severity of the injury, the circumstances of the incident, and the impact on the child’s life. When calculating a child injury settlement, the following are considered:
Medical Expenses
Medical costs are a primary component of accident compensation. This includes not only the immediate medical expenses incurred for treatment, such as hospital bills, doctor visits, surgeries, and medications, but also future medical costs. Long-term medical needs like physical therapy, rehabilitation, and necessary medical equipment are also considered. Detailed medical documentation is crucial for accurately calculating these expenses.
Pain and Suffering
Pain and suffering refer to the physical pain and emotional distress experienced by the child as a result of the injury. This aspect of the claim is more subjective and can be challenging to quantify. Factors such as the severity and duration of pain, the extent of emotional trauma, and the impact on the child’s quality of life are taken into account. Psychological evaluations and expert testimonies can help substantiate claims for pain and suffering.
Impact on Education and Development
Injuries that affect a child’s ability to participate in educational activities or delay their development can increase the value of the claim. This includes compensation for missed school, the need for special education services, and the long-term impact on the child’s academic performance and future opportunities. Evidence from educators and developmental experts can support claims in this area.
Loss of Enjoyment of Life
If the injury limits the child’s ability to engage in hobbies, sports, or other enjoyable activities, compensation for loss of enjoyment of life may be warranted. This type of non-economic damage considers how the injury has altered the child’s ability to enjoy life as he or she did before the incident. Testimonies from family members, friends, and child psychologists can help illustrate this impact.
Parental Loss of Income
Parents often need to take time off work to care for an injured child, resulting in lost wages. Compensation can include reimbursement for these lost earnings. This aspect of the claim requires documentation of the time taken off work and the corresponding loss of income.
Future Economic Losses
Severe injuries that result in permanent disability or long-term impairments can affect the child’s future earning capacity. Calculating these future economic losses involves assessing the impact on the child’s ability to work and earn a living as an adult. Vocational experts and economists may be consulted to provide estimates of these future losses.
Punitive Damages
In cases where the injury was caused by particularly egregious or malicious conduct, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future.
The worth of a child’s injury claim is a composite of various factors, including medical expenses, pain and suffering, impact on education and development, loss of enjoyment of life, parental loss of income, future economic losses, and punitive damages. Consulting with a child personal injury attorney is essential to accurately assess and maximize the value of the claim.
Where Do Serious Children’s Injuries Happen?
Serious children’s injuries commonly occur in:
- Playgrounds: Accidents due to faulty equipment or lack of supervision.
- Schools and Daycares: Injuries from unsafe facilities or negligent staff.
- Roads: Car and bicycle accidents.
- Homes: Falls, burns, and poisoning from unsafe conditions.
- Sports Fields: Injuries from physical activities.
- Swimming Pools: Drowning or near-drowning incidents due to inadequate supervision.
Ensuring safety in these areas through proper maintenance, supervision, and adherence to safety protocols is crucial in preventing serious injuries.
Can You Sue for Injuries at Daycare?
You can sue for injuries at daycare if the injury was caused by negligence or wrongful conduct on the part of the daycare facility or its staff. Common grounds for such lawsuits include inadequate supervision, unsafe premises, failure to follow safety regulations, and neglect or abuse by daycare employees.
To file a successful claim, you must demonstrate that the daycare had a duty of care towards your child, breached that duty through negligence or wrongful actions, and that this breach directly caused the injury. Evidence such as medical records, witness statements, and documentation of the daycare’s policies and procedures can support your case.
If your child was hurt at a daycare, a children’s personal injury attorney can help you navigate the legal process, gather necessary evidence, and advocate for fair compensation for medical expenses, pain and suffering, and other related costs.
What Happens If My Child Is Injured at School?
If your child is injured at school, immediate steps include seeking medical attention and documenting the injury. Notify the school administration and gather evidence, such as witness statements, photographs, and incident reports.
To file a lawsuit against the school, you must prove that the injury resulted from negligence, such as inadequate supervision, unsafe facilities, or failure to follow safety protocols. Public schools may have additional protections due to governmental immunity, making it crucial to follow procedures and timelines, often involving filing a notice of claim before suing. Consulting a personal injury attorney with experience in school injury cases is essential.
What Is the Long-Term Impact of Injuries From Childhood?
The long-term impact of injuries from childhood can be significant, affecting physical, emotional, and cognitive development. Physically, severe injuries can lead to chronic pain, permanent disabilities, or limitations in mobility and physical activity. These conditions might require ongoing medical treatment, physical therapy, and possibly surgeries, which can continue into adulthood.
Emotionally, childhood injuries can cause lasting psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). These emotional challenges can impact a child’s self-esteem, social interactions, and overall mental well-being. Long-term psychological support and counseling may be necessary to help the child cope with these effects.
Cognitively, injuries such as traumatic brain injuries (TBIs) can impair regular functions, including memory, concentration, and learning abilities. This can impact academic performance and future educational opportunities, potentially limiting career prospects and earning potential.
Additionally, the financial burden of ongoing medical care, therapy, and lost wages due to disability can strain families. The injured child may also face reduced quality of life, diminished ability to engage in recreational activities, and dependency on others for daily living activities.
Early intervention, comprehensive medical care, and support systems are crucial in mitigating these long-term impacts and improving the child’s overall prognosis and quality of life.
Frequently Asked Questions About Children’s Injury Lawsuits
What Is the Statute of Limitations for Children’s Injury Claims?
In Illinois, the statute of limitations for injury claims filed by adults is generally two years from the date the injury is discovered. However, for minors, the period is tolled (paused) until they turn 18, giving them until their 20th birthday to file a claim.
Can I File a Lawsuit on Behalf of My Child?
You can file an injury lawsuit on behalf of your child. As a parent or legal guardian, you have the legal authority to pursue compensation for your child’s medical expenses, pain and suffering, and other damages resulting from the injury.
What If My Child Is Disabled in an Accident?
If your child is disabled in an accident, you can sue for compensation to cover medical expenses, long-term care, lost future earnings, pain and suffering, and other damages. Consulting a personal injury attorney is essential to navigate the legal process and maximize the compensation for your child’s needs. At Ankin Law, we take a holistic approach to recovering compensation for injured victims. This means once your settlement is secure, we can help you pursue disability benefits if your case qualifies.
Can I Sue for the Wrongful Death of My Child?
You can sue for the wrongful death of your child. As a parent, you may seek compensation for medical expenses, funeral costs, loss of companionship, and emotional distress. Consulting with our wrongful death attorneys can help you navigate the legal process and pursue justice for your child.
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