Chicago Personal Injury Claims Involving Children

by Matthew Willens on Jan. 20, 2017

Accident & Injury Accident & Injury  Personal Injury Accident & Injury  Car Accident 

Summary: A report by the Centers for Disease Control and Prevention (CDC) shows that over 12,000 children in the U.S, age 19 or younger lose their lives to unintentional injuries each year. Another 9.2 million visit emergency rooms for treatment of non-fatal injuries.


No parent wants to go through the trauma of seeing their child severely injured, and any parent would seek justice when the child is injured due to the recklessness or negligence of another person. Our Chicago personal injury lawyer explains that the injured child can recover compensation for permanent disability, severe injury, and pain and suffering. Additionally, parents may also be able to recover compensation for medical expenses and other financial damages resulting from the injury.

Personal injury claims involving children

When a child is injured due to the negligence or actions of another person, the law has created a unique rule governing liability and compensation. Here are some rules that parents of injured children should be aware of:

Children generally can't file their own claim

In Illinois, a child under the age of 18 cannot file their own personal injury claim. Their parents or legal guardians can negotiate claims on their behalf. While the claims are filed in the name of the injured child, parents too are allowed to file a claim in their own name to recover financial compensation for expenses incurred.

Trespassing

In most cases, it is difficult for an adult to get compensation for a personal injury that occurred when they were on property they do not have permission to be on. These cases involving children are often handled differently. If the property owner is found to be aware of a possible hazard on the property, and of the risk of children gaining access to their property, but he/she failed to take necessary actions to prevent trespassing, the owner may be held liable.

Negligence

In personal injury lawsuits involving adults, if it is proven that the injured person was in part negligent when the injury occurred, the compensation is awarded in relation to the amount of the injured person’s negligence. However, the process is significantly different when children are involved. It depends on the age and mental capacity of the child. For example, a young child cannot be held responsible for his/her actions that resulted in injury, because at their age the child may not understand the behaviors or risks that might lead to personal injuries.

Compensation for injured children

Medical expenses and other financial damages resulting from personal injuries involving children are typically awarded to parents or legal guardians. If the parents have to miss work to take care of their injured child, the parents may be able to receive compensation for lost wages as well. They may obtain compensation for their child's:

  • Mental anguish
  • Disfigurement and permanent disability
  • Pain and suffering

Speak to an experienced lawyer to know more about your rights. Give us a call at (312) 957-4166 to learn more.

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