Can I File an Injury Lawsuit for My Child in Illinois?

Can I File an Injury Lawsuit for My Child in Illinois?

If your child has been injured by someone else, it’s natural to feel terrified and concerned about their mental and physical well-being. With medical bills accumulating and the stress of caring for your child mounting, you may be wondering if there’s a way to alleviate this burden. The answer is yes — you can file a personal injury lawsuit on behalf of your child. Read on to learn more about personal injury law for minors in Illinois and the steps you need to take to advocate effectively for your child.

Understanding Personal Injury Lawsuits for Minors in Illinois

In Illinois, anyone younger than 18 years old is considered a minor. As such, they cannot legally file a lawsuit on their own. Instead, their parents or legal guardian must file the suit on their behalf as their “next friend.” A next friend is someone who represents someone who cannot act on their own behalf, such as a minor or an incapacitated adult.

When it comes to personal injury lawsuits for minors in Illinois, there are a few key differences from standard personal injury cases. For example, according to Illinois law, plaintiffs have until two years after their child’s 18th birthday to file a lawsuit on behalf of their child, rather than the typical two-year statute of limitations for adult personal injury cases. Additionally, any settlement or verdict awarded to a minor must be approved by a judge in court.

Steps to Take When Filing an Injury Lawsuit for Your Child

If you believe that your child has been injured due to someone else’s negligence, it’s important to act quickly and follow these steps:

• Seek immediate medical attention for your child: The most important thing you can do is secure the health and well-being of your child. Make sure to document all care received for their injuries, as this information will be crucial in building your case.
• Gather evidence: Just like with any personal injury case, evidence is crucial. Take photos of the accident scene, your child’s injuries, and other relevant details that may help prove negligence.
• Consult with a personal injury lawyer: It’s important to seek legal counsel from a trusted and experienced personal injury lawyer who has knowledge of Illinois laws and experience handling cases involving minors. They can guide you through the legal process and help you navigate any challenges.
• File a complaint in court: Your lawyer will file an official complaint on behalf of your child in accordance with Illinois law. This will outline the details of the incident, who is being held responsible, and what damages you are seeking.

What Compensation Will Look Like for Your Child

If a judge approves the settlement or verdict in your child’s personal injury case, they will determine how the funds will be disbursed. Typically, compensation is put into a trust or structured settlement on behalf of the child and cannot be accessed until they reach a certain age.

In terms of what compensation may include, it depends on the circumstances of the case. Some of the most common types of damages awarded in personal injury cases involving minors include:

• Medical expenses: This includes all current and future medical bills related to your child’s injuries.
• Pain and suffering: If your child experiences physical pain or emotional distress as a result of their injuries, this may also be factored into the compensation.
• Loss of future earnings: If your child’s injuries affect their ability to work in the future, they may be entitled to compensation for lost earning potential.

Don’t Leave Your Child Unprotected

As a parent or legal guardian, filing a personal injury lawsuit for your child can feel overwhelming. However, it is your right and responsibility to seek justice for your child’s injuries and hold those responsible accountable.

If you are ready to take the next step in seeking justice for your child’s injuries, SAM LAW OFFICE LLC is here to help. Our injury lawyers are dedicated to standing up for minors and ensuring they receive the compensation they deserve. Don’t navigate this challenging time alone; reach out now and let us provide the legal support and knowledge you need.