When to Hire a Child Injury Lawyer

When a child is hurt due to someone else’s actions or negligence, it is not only devastating but often legally complex. Knowing when to hire a child injury lawyer can make the difference between protecting your child’s future and facing mounting medical expenses and uncertainty. 

Anytime a child is injured because of someone else’s potential fault—whether from a car crash, unsafe playground, medical mistake, or other hazard—consulting a child accident attorney is a wise and necessary step.

At Rosenfeld Injury Lawyers, our experienced child injury attorneys in Chicago help families pursue justice and compensation.

Why Prompt Legal Action is Crucial for Protecting Your Child’s Rights

Acting quickly after a young individual is injured is critical to preserving your family’s rights. Physical evidence can disappear, witness memories fade, and critical documents may be lost if too much time passes.

Illinois law imposes strict deadlines for filing a personal injury lawsuit, even though minors receive some additional time. Building a strong case also requires making certain that your impacted child’s immediate and future needs are properly documented from the outset.

A swift legal process helps:

• Protect your child’s legal rights before insurance carriers can minimize the claim.
• Document the full extent of physical and emotional trauma.
• Preserve access to key evidence needed to prove another’s negligence.
• Meet important procedural requirements in court if a settlement or legal proceedings is necessary.

Unique Aspects of Child Personal Injury Cases vs. Adult Cases

Minor injury claims differ significantly from standard injury matters involving adults. First, minors in Illinois cannot file a lawsuit directly; a parent or guardian must act on their behalf. Second, any settlement must receive court approval to confirm it is fair and in the child’s best interests, often involving a Guardian ad Litem.

Third, calculating damages for a trauma that impacts youth is more complex because it must account for future development, growth, and lifelong impact. Lastly, Illinois courts apply different standards when evaluating a child’s own potential fault for an accident, especially for younger children.

An experienced lawyer understands these unique issues and knows how to navigate the extra protections built into the legal system for injured minors.

Car Accidents and Other Common Situations Leading to Child Injury Claims

Unintentional injuries are a leading cause of death among children and adolescents aged 1–17 years in the United States. According to the Centers for Disease Control and Prevention (CDC), these injuries make up a large number of emergency department visits and fatalities annually. ​

Falls are another major concern for children. In fact, the CDC reports that falls are the leading cause of nonfatal injuries among children, accounting for approximately 2.8 million emergency department visits every year.

Many different types of accidents and incidents can give rise to personal harm claims involving children. Some of the most common situations where parents should immediately consult a lawyer include:

• Car accidents involving child passengers, pedestrians, or cyclists struck by vehicles.
• Daycare or school injuries caused by negligent supervision, unsafe conditions, or even abuse by a child’s daycare provider or staff.
• Playground accidents resulting from poor maintenance, lack of supervision, or defective equipment.
• Injuries caused by defective toys or children’s products that malfunction or contain dangerous parts.
• Dog bites and other animal attacks, which can cause both bodily pain and serious emotional harm.
• Injuries on someone else’s property, such as falling into an unprotected swimming pool or slipping on icy walkways.
• Birth injuries due to medical negligence during labor or delivery, including conditions like cerebral palsy.
• Severe burn injuries from unsafe household items, chemicals, or accidents at businesses.
• Drowning or near-drowning incidents in unsupervised pools, lakes, or public water facilities.
• Firearms are a leading cause of accidental injury death among children and adolescents aged 0–17 years.
  

Drowning remains one of the leading causes of death for children. Each year, there are an estimated 4,000 fatal unintentional drownings and 8,000 nonfatal drownings nationwide, according to the Centers for Disease Control data. 

Each of these situations involves special legal standards that an experienced personal injury attorney can investigate and pursue aggressively.

Negligence When a Child is the Victim

The foundation of nearly all injury claims involving children is proving negligence. This means showing that a person, company, or institution failed to exercise reasonable care and that failure directly caused the trauma affecting a child.

In cases involving daycare centers, playground owners, medical providers, product manufacturers, or drivers, the legal team must demonstrate the following:

• A duty of care existed, such as a driver obeying traffic laws or a daycare supervisor supervising children properly.
• That duty of care was breached by careless actions or omissions.
• The breach caused the injury.
• The injured child suffered physical, emotional, or financial harm as a result.

Proving these elements requires careful evidence-gathering and legal experience, particularly when dealing with organizations or businesses that may try to deny responsibility.

Key Illinois Laws Governing Child Injury Lawsuits

Several important Illinois laws shape how the legal process proceeds after harm is done to a young individual.

Statute of Limitations

In most Illinois personal injury cases, victims must file within two years of the date the injury occurred. However, minors generally have until two years after their 18th birthday to bring a lawsuit. 

While this seems like plenty of time, waiting too long can jeopardize evidence and make claims harder to prove. Consulting a lawyer soon after an accident is always best to protect your child’s legal rights.

Comparative Negligence

Illinois follows a modified comparative negligence rule. Adults found more than 50% responsible for their own injury cannot recover damages. However, the law applies differently to children. Very young children are often presumed incapable of negligence, while older teens may have their behavior assessed based on what is reasonable for their age. 

An experienced child injury attorney can address these nuances when insurers attempt to blame the hurt child.

Minor Settlement Approval

In Illinois, any settlement involving a minor must go through a court-approval process. Judges review the settlement terms to make sure they serve the child’s long-term interests. In many cases, a Guardian ad Litem is appointed to investigate and report to the court.

The process adds complexity to the legal process, making the guidance of a seasoned child trauma attorney essential.

The Investigation Process Handled by Your Child Injury Attorney

Building a strong personal injury lawsuit starts with a thorough investigation. Your injury lawyer will gather:

• Accident or incident reports filed by police, schools, or businesses.
• Medical records documenting the child’s damages and treatment.
• Witness statements from anyone who observed the event.
• Facility logs from daycares, schools, or recreational venues.
• Maintenance records for playgrounds, toys, vehicles, or property conditions.
• Video surveillance footage, when available.
• Expert opinions, if needed, for complex cases, such as birth injuries or dangerous products.

By assembling detailed evidence early, your lawyer strengthens your ability to demand fair compensation.

Gathering Essential Evidence

Certain types of evidence are especially important when pursuing claims involving an injury to a juvenile:

• Comprehensive medical documentation showing emergency treatment, surgeries, hospitalizations, rehabilitation, and ongoing therapy needs.
  School or daycare records if the minor’s injury happened during supervised activities.
• Expert witness reports analyzing how severe injuries occurred, whether due to unsafe property, defective products, or medical errors.
• Photos, videos, and physical evidence like broken playground equipment or defective toys.

In complicated matters like labor and delivery injuries, working with pediatric neurology experts, developmental specialists, or biomechanical engineers can make the difference between a successful claim and a denied one.

The sooner a child injury lawyer gathers and preserves this information, the stronger your case will be.

Calculating the Present and Future Value of Injuries 

One of the most important jobs of a child injury lawyer is calculating the full and fair value of a youth injury claim. This is especially complex when dealing with young children because injuries may impact their health, education, earning potential, and enjoyment of life for decades to come.

Unlike many adult civil injury cases, a child’s claim must anticipate future surgeries, therapies, emotional challenges, and possible lost opportunities. 

A skilled child injury lawyer works with experts to predict these future needs and build them into the claim so the family can seek appropriate financial support.

Seeking Compensation for All Medical Needs

Medical expenses following harm suffered by a child can be overwhelming. Emergency room treatment, surgeries, hospital stays, medications, physical rehabilitation, and specialized therapies may continue for months or even years. In cases involving birth injuries or catastrophic accidents, lifetime care may be necessary.

An experienced child injury lawyer will seek compensation for:

• Immediate medical treatment after the accident, including surgeries and hospitalization.
• Ongoing therapy, such as physical therapy, occupational therapy, speech therapy, and counseling.
• Future medical interventions required as the child grows.
• Assistive devices like braces, wheelchairs, or communication aids.
• Home modifications for mobility if a disability occurs.

Including all present and future medical needs in the damages claim makes certain the minor’s rights are fully protected as they mature.

Damages for Pain, Suffering, Trauma, and Loss of Normal Life

Beyond medical bills, the law recognizes the need to compensate a child for physical pain, psychological harm, and emotional suffering.

After a serious accident, a wounded child may experience:

• Constant pain from broken bones, head injuries, or surgical recovery.
• Fear, anxiety, or PTSD, especially after violent accidents like car accidents or school bus accidents.
• Isolation from peers due to visible injuries or disability.
• Difficulty enjoying once-loved activities such as sports, play, or school.

Illinois law allows families to pursue damages for these non-economic losses, recognizing that emotional trauma can affect a child’s self-esteem, development, and quality of life for years to come.

Addressing Future Needs: Disability, Disfigurement, Lost Earning Potential

When an accident involving a child results in permanent disability, visible disfigurement, or cognitive impairment, future damages become even more critical.

Personal injury lawyers will work with life care planners and vocational experts to calculate the following:

• The cost of ongoing therapy and care.
• Loss of future earning capacity if the injured youth cannot pursue certain careers.
• Impact on educational attainment.
• Compensation for scarring, amputations, or disfigurements affecting social and emotional development.

When injuries sustained during childbirth, such as cerebral palsy or brachial plexus damage, occur, damages must account for decades of specialized care, technology assistance, and family support.

Your Child Injury Lawyer’s Role in Insurance Negotiations

Insurance companies often try to minimize payouts, even in devastating child injury cases involving minors. A seasoned child injury lawyer knows how to:

• Present strong evidence of liability and damages.
• Counter lowball offers with detailed expert reports.
• Protect the family from being pressured into accepting settlements that are not in the child’s best interest.

Negotiating a settlement that truly reflects the full harm caused by someone another party’s carelessness takes skill, experience, and perseverance.

Shielding Your Family from Unfair Settlement Tactics

Insurance adjusters are trained to settle claims quickly and for as little money as possible. They may attempt to:

• Blame the hurt child for their own injury.
• Downplay the severity of serious injuries.
• Claim that medical treatment was excessive.
• Pressure families to accept a fast settlement before consulting a lawyer.

By hiring a reputable child injury lawyer, families shield themselves from these tactics. A dedicated advocate will handle all communications with the insurance provider, allowing parents to focus on their child’s healing while the legal team fights for full compensation.

Taking the Case to Court: Litigation on Behalf of a Minor

If a fair settlement cannot be reached, the next step is litigation. Filing a civil injury lawsuit on behalf of a child involves special considerations:

• Appointing a parent or guardian to represent the child’s interests.
• Preparing the case for trial, including expert testimony about future medical and financial needs.
• Seeking court approval of any proposed settlement.
• Protecting settlement funds through structured settlements or court-supervised accounts to benefit the child’s future.

Throughout this legal process, the lawyer prioritizes the child’s legal protections, making certain that all outcomes serve the child’s long-term well-being.

Why Choose Our Experienced Chicago Law Firm for Your Child?

Our firm understands the unique challenges families face after an injury to a minor. We have years of experience successfully handling complex personal injury and birth injury cases throughout Chicago and Illinois.

Our compassionate team:

• Understands how devastating unexpected injuries can be for young victims and their families.
• Has extensive knowledge of Illinois laws protecting minors.
• Works with leading medical experts to build strong cases.
• Pursues full and fair compensation without accepting rushed settlements.
• Treats every family with respect, compassion, and relentless advocacy.

Choosing the right child injury lawyer can make a profound difference in securing your child’s future after an unexpected accident.

FAQs

What Makes Child Harm Cases Legally Different From Adult Personal Accident Cases?

Child claims involve additional legal protections not present in adult cases. Minors cannot file lawsuits directly, so a parent or guardian must act on their behalf. Settlements require court approval to verify that the compensation fairly serves the child’s best interests.

 Damages must also account for long-term developmental needs, future medical expenses, therapy costs, educational disruptions, and emotional distress. 

A knowledgeable child accident lawyer can navigate these complexities, coordinate with medical experts, build a strong case, and safeguard the child’s legal rights and future well-being.

How Does the Contingency Fee Arrangement Work When the Client Is a Minor?

Our law firm handles injury claims for minors on a contingency basis. This means no upfront costs for families. Legal fees are only collected if the case results in a settlement or verdict in favor of the child, subject to court approval to enforce fairness.

Can My Teenager Be Found Partially at Fault for Their Injuries Under Illinois Law?

Under Illinois’ comparative negligence law, older children and teens may be assigned partial responsibility if their behavior contributed to the accident. However, very young children are generally considered incapable of negligence. A skilled personal injury attorney will defend against unfair blame attempts.

What Is the Court Approval Process for a Minor’s Settlement in Illinois?

If a settlement is reached, a court must approve the terms to protect the minor’s future interests. A Guardian ad Litem may be appointed to review the agreement. The court will evaluate whether the settlement amount adequately addresses the harm suffered by a child and future needs.

Will My Child Likely Have to Testify or Give a Deposition?

In most cases, efforts are made to protect children from the stress of formal testimony. When necessary, accommodations are made to minimize trauma. A seasoned child injury lawyer works carefully to shield young clients from unnecessary legal proceedings whenever possible.

How Long Does a Typical Child Injury Case Take to Resolve in Chicago?

The timeline varies depending on the complexity of the case, the severity of the pediatric injury, and whether a settlement can be reached outside of court. Simpler cases may resolve within months, while serious birth injuries or contested cases involving bus accidents could take several years.

Contact Our Chicago Child Personal Injury Lawyers Team for a Free Consultation

If your family is facing the aftermath of a trauma involving a child, our Chicago-based team is ready to help. We offer a free consultation to review your situation, explain your rights, and outline the best path forward.

We work on a contingency fee basis, meaning you owe nothing unless we successfully recover compensation for you. Contact our Chicago personal injury law firm today to speak with skilled injury attorneys who are committed to fighting for your child’s recovery and future security.Call us today at (888) 424-5757 or through our contact form to schedule your consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.