If your child is injured in a car accident due to someone else’s negligence, you can file a personal injury lawsuit on their behalf. However, your child can only sue for damages once they turn 18. Claims involving children are often more complex, as adult assistance is typically required. Given their vulnerability, children face a higher risk of injury in accidents.
If your child has been hurt, you may seek compensation from the at-fault party. For assistance, reach out to Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Legal Rights of Children Injured in Illinois Car Accidents
In Illinois, if you’re in a car accident caused by someone else’s negligence, that driver is liable for damages, and their insurance generally covers medical bills and property damage. This also applies to accidents involving children, who have the right to seek compensation. Children make up a significant number of car accident victims, with about 156,500 injured in 2022. However, since minors can’t file claims on their own, a parent or guardian must file on their behalf. Illinois follows an “at-fault” system, meaning the responsible driver’s insurance should cover damages the child incurs. As a parent or guardian, you can seek various types of damages for any type of car accident injuries to your child.
Economic Damages
In personal injury cases, economic damages often play a significant role, encompassing all the financial losses that arise from an accident. Your child may experience various types of economic damages, including medical expenses for both immediate and ongoing care, costs associated with rehabilitation, future earnings loss, educational expenses, and therapy needs.
Non-Economic Damages
You can also seek compensation for non-economic damages in these situations, which reflect your child’s personal experiences and the adverse effects on their quality of life after an accident. For instance, you may be able to recover for pain and suffering, disfigurement, loss of enjoyment of life, trauma, and mental health issues like anxiety and depression.
How Illinois Handles Injury Claims for Minors
In Illinois, car accident claims for injured children come with additional legal protections. A parent or guardian must file the claim, since minors cannot do so themselves. Court approval is typically needed for a settlement, with funds placed in a trust or structured settlement until the minor reaches adulthood.
Legal Guardians
Parents or court-appointed guardians are responsible for initiating and managing the personal injury lawsuit on behalf of the child. Their tasks include collecting medical records, gathering expert opinions, and negotiating with insurers. Guardians must balance immediate medical needs with the child’s long-term rehabilitation and emotional support.
Guardian Ad Litem and Approval of Settlement
As cases approach settlement, Illinois law requires appointing a guardian ad litem to represent the child’s interests. This independent advocate reviews medical records, interviews involved parties, and assesses evidence to determine if the proposed agreements benefit the child.
The findings serve as a foundation for the court’s evaluation:
- Appointment procedure: The court appoints a neutral individual, typically a lawyer or social worker, to evaluate your claim.
- Case investigation: The guardian reviews medical records, speaks with caregivers, and assesses your child’s ongoing care needs.
- Report to the court: The findings include suggestions on whether a proposed settlement adequately addresses expenses and future support.
- Final hearing: A judge listens to objections, evaluates the guardian’s report, and either approves or rejects the agreement.
This careful examination ensures that settlement funds adequately cover both current treatment expenses and future needs, such as therapy or special education services. The guardian ad litem’s report provides you with reassurance that agreements truly serve your child’s best interests. Court approval then confirms that the outcome aligns with your child’s long-term care requirements.
Management of Settlement Funds
Post-approval, settlement funds are kept in a protected account or trust until the minor turns eighteen. Guardians can only access these funds with court permission, aligning withdrawals with the child’s medical, educational, or living requirements.
Reaching Adulthood
Upon turning eighteen, your child gains control of remaining settlement funds, allowing them to decide how to utilize the money, whether for education or ongoing treatment.
Statute of Limitations for Minors
In Illinois, personal injury claims usually must be filed within two years, but minors can wait until they turn eighteen, granting them up to two additional years after turning eighteen. Missing deadlines can jeopardize the right to compensation, so if you are wondering when to hire a car accident lawyer, early consultation with car accident lawyers is crucial for understanding critical filing dates.
Can You Sue for a Child’s Injuries After a Car Crash in Illinois?
If your child has been injured, they can file a lawsuit for damages upon turning 18. However, waiting until they turn 18 might not be practical. You may face expenses for medical treatment, care, or education due to your child’s injury in a car accident. In Illinois, you, as a parent or legal guardian, can file a lawsuit on their behalf since your child cannot do so until they reach adulthood.
Acting quickly is essential. Begin by gathering necessary evidence like medical records, incident reports, and bills. You’ll need to file the lawsuit using the correct procedure to appoint a guardian for your child. It’s also important to request a guardian ad litem to advocate for them.
Consulting an Illinois car accident attorney for minors can benefit you. An attorney can answer common questions about car accidents, help establish the claim’s worth, collect evidence, and negotiate with insurance companies, which often try to minimize payouts. They ensure you don’t settle for less than your case’s true value.
If negotiations fail, you may have to file a personal injury lawsuit. Legal representation is critical to navigate the legal framework and enhance your chances of a favorable outcome. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC, for assistance securing compensation for your child after a car accident.
