Personal Injury Claims for Children In Illinois: What Parents Should Know

When a child is injured because of someone else’s negligence, the consequences can be devastating for both the child and their family. Medical expenses, emotional distress, and long-term health concerns can create significant challenges. Illinois law allows parents or guardians to pursue personal injury claims on behalf of injured children, helping families recover compensation for medical treatment and other damages.

At Halliday McCall Accident Lawyers of Illinois, we can provide legal assistance to the Peoria public when a child has been harmed due to another party’s negligence.

Common Causes of Injuries to Children

Children can suffer injuries in many different situations. While some accidents are unavoidable, others occur because individuals or organizations failed to act responsibly.

Common causes of injuries involving children include:

• Car accidents
• Bicycle or pedestrian accidents
• Playground accidents
• Dog bites
• Defective toys or products
• Slip and fall incidents
• Negligent supervision at schools or daycare facilities

When another party’s careless behavior leads to a child’s injury, Illinois law may allow the family to pursue a personal injury claim.

Who Can File a Personal Injury Claim for a Child?

Because minors cannot legally file lawsuits on their own, a parent or legal guardian typically brings the claim on the child’s behalf. In Illinois, there are often two separate claims involved in cases involving injured children.

One claim may be filed for the child’s injuries, which can include compensation for pain and suffering, disability, and long-term medical needs.

Another claim may be filed by the parents to recover expenses they have incurred, such as medical bills and other costs related to the injury.

This structure ensures that both the child’s future needs and the family’s financial losses are considered.

Compensation Available in Child Injury Cases

The compensation available in a personal injury claim involving a child depends on the circumstances of the accident and the severity of the injuries.

Possible damages may include:

• Medical expenses
• Future medical care
• Rehabilitation or therapy costs
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement

In cases involving serious injuries, compensation may also account for long-term effects that could impact the child’s quality of life.

Understanding the Statute of Limitations in Illinois

Illinois generally allows injured individuals two years to file a personal injury lawsuit. However, cases involving minors may follow different timelines.

Because a child cannot file their own claim until reaching adulthood, Illinois law may extend the deadline. In many cases, the statute of limitations may not begin running until the child turns 18. Even so, certain claims—such as those filed by parents for medical expenses—may still be subject to the standard two-year deadline.

Due to these complexities, families often benefit from seeking legal guidance as soon as possible after an accident.

Court Approval for Settlements Involving Minors

When a personal injury case involving a minor is settled, Illinois courts often require approval of the settlement to ensure that the agreement protects the child’s best interests.

In some cases, compensation awarded to the child may be placed in a protected account, structured settlement, or trust until the child reaches adulthood. This process helps safeguard the funds for the child’s future needs.

Why Legal Guidance Can Be Important

Personal injury cases involving children often involve unique legal considerations. Determining liability, calculating future damages, and navigating court approval procedures can make these claims more complex than typical injury cases.

Families facing these circumstances may benefit from working with a legal professional who can evaluate the facts of the case and guide them through the legal process.

At Halliday McCall Accident Lawyers of Illinois, we can provide legal assistance to the Peoria public when children are injured due to negligence.