Chicago CHILD INJURY ATTORNEYS
When your child is badly injured, every part of your life shifts to the hospital room, the follow-up visits, and the worry about what comes next. A Chicago child injury lawyer can take on the legal fight so you can focus on your child.
Your child may have fallen through a rotted back-porch railing in Pilsen, been scalded by bathwater in a rented apartment, or been hurt in a crash on Lake Shore Drive. At Kennedy Watkins Injury Attorneys, we represent families whose children suffered serious injuries because a property owner, driver, business, or caregiver failed to keep them safe.
Our $34 million verdict in an apartment-fire case involved the death of a child, and we prepare every case as if a jury will decide it.
We answer 24/7, and the first conversation about your child’s injury costs nothing. Call (312) 448-8181 or contact us online.
How Is a Child’s Injury Claim Different in Illinois?
A child’s injury claim in Illinois differs from an adult’s in three important ways: a parent or guardian brings the claim, the statute of limitations is extended, and a court must approve any settlement. These rules exist to protect children, but they add steps that can slow a case or cause problems for a family handling it alone.
| Issue | Adult Injury Claim | Child Injury Claim |
|---|---|---|
| Who brings the claim | The injured adult | A parent or guardian on the child’s behalf |
| Filing deadline | Generally, two years from the injury | Generally, until two years after the child turns 18 |
| Settlement approval | The adult decides whether to accept | A judge must review and approve the settlement |
| Where the money goes | Paid to the injured adult | Often held in a restricted account until the child turns 18 |
| Focus of the damages | Current and future losses | Decades of future care, schooling, and lost earning ability |
The extended deadline comes from 735 ILCS 5/13-211. Medical malpractice cases and claims against public agencies may have different filing deadlines. We encourage families not to wait, because witnesses move and property owners repair the conditions that hurt the child.
How Court Approval Works in Cook County
When a family settles a child’s claim in Cook County, the attorney asks the Circuit Court of Cook County to approve the settlement, the attorney fees, and the plan for the child’s money. Our firm prepares those petitions and appears in court so your family does not have to manage the paperwork.
Who Can Be Held Responsible When a Child Gets Hurt?
Anyone who owed your child reasonable care and failed to provide it can be held responsible for your child’s injury. Children cannot protect themselves the way adults can, so Illinois law expects property owners, drivers, and caregivers to anticipate how children behave.
Responsible parties in child injury cases often include:
- Landlords and property owners who ignore broken stairs, railings, windows, or water heaters
- Drivers, rideshare companies, and trucking companies involved in a crash
- Daycares, camps, and after-school programs that fail to supervise children
- Restaurants and stores that serve hot food and drinks carelessly
- Airlines whose crew or equipment causes an injury during a flight
Many child injury cases involve more than one of these parties. We investigate each one so your family can pursue every available insurance policy.
Can a Property Owner Be Liable When a Child Is Hurt on Their Property?
A property owner can be liable when a child is hurt on their property because of unsafe property conditions the owner should have fixed. When a child is lawfully on the property, such as a tenant’s child or a visiting guest, the owner owes reasonable care under the Illinois Premises Liability Act.
Children also wander onto property where they were not invited, such as vacant lots, construction sites, and pools. In those cases, an owner can owe a duty to the child when the owner knew or should have known children frequent the property and a dangerous condition existed there.
The child must also have been too young to appreciate the risk, and fixing the condition must have cost little compared to the risk it posed.
When a Danger Is Hidden From a Child
Illinois courts generally treat fire, open water, and heights as dangers children are expected to recognize. An owner can still be liable when the danger was hidden, such as a porch railing that looked solid but was rotted through. We inspect the property and gather city inspection records early to show whether the danger was hidden.
Burns, Scalds, and Fire Injuries to Children
Burns cause some of the most painful and long-lasting injuries children suffer. Claims for children injured in fires and burns can involve apartment fires, scalds from hot bathwater, and hot food and drinks spilled at restaurants. We obtained a confidential settlement for a child burned by hot tea at a restaurant.
Federal safety officials at the Consumer Product Safety Commission identify children under 5 as one of the two groups most at risk of tap water scalds. Scald injuries to young children can happen in rental buildings where the owner sets the water heater temperature and the family cannot change it.
Why Burns Affect Children Differently
A toddler with a serious burn may need repeat surgeries through the teenage years, because scar tissue tightens as the body grows. Any fair claim accounts for each of those future procedures.
Children Hurt in Car, Bus, and Rideshare Crashes
Children are hurt as passengers in family cars on the Dan Ryan, school buses, and CTA buses. When another driver causes the crash, the child can bring a car accident claim against that driver, and the driver’s insurance company usually pays it.
Crash claims involving children often arise from:
- Collisions caused by distracted, speeding, or impaired drivers
- Pedestrian accidents near schools, parks, and bus stops
- Rideshare crashes where the driver’s or the company’s insurance applies
- Bus crashes involving a private carrier or a public transit agency
- Bicycle accidents, often when drivers speed through residential neighborhoods
Claims against a public agency, such as the Chicago Transit Authority, follow special timing rules, so families should speak with a lawyer early. We also represent parents and other adults injured in the same crash.
Can a Child’s Injury on an Airplane Lead to a Claim?
A child’s injury on an airplane can lead to a claim when the injury happened because of an accident on board or during boarding. Children flying out of O’Hare and Midway can be hurt by hot drinks spilled from beverage carts, bags falling from overhead bins, and falls on the jet bridge.
International Flights Versus Domestic Flights
On most international flights, the Montreal Convention makes an airline responsible for passenger injuries caused by an accident on board or while boarding or leaving the plane, up to a certain amount, even without proof of carelessness. Families may recover more, depending on the circumstances.
For domestic flights, families usually must prove that the airline or its crew was careless.
Why Parents Trust Our Firm With Their Child’s Case
Parents need a lawyer who will treat their child with patience and keep them informed at every step. Our two attorneys work on every case together, and one of them will be your family’s point person.
- Experience with the most serious cases: Our $34 million apartment-fire verdict involved the death of a child, and we obtained a confidential settlement for a family whose teenage daughter was killed in a trucking collision.
- Results for injured children: We obtained a confidential settlement for a child burned by hot tea at a restaurant.
- Court approval handled for you: We prepare and present the petitions Illinois courts require for every child’s settlement.
- Available anytime: We answer calls 24/7 and travel to families anywhere in Illinois.
- Nothing to pay up front: Talking with us is free, and we are paid only if we recover compensation for your child.
Past results do not predict the outcome of any future case. Call (312) 448-8181 today to talk with an attorney about your child’s injury.
What Compensation Can a Child Recover in Illinois?
A child can recover compensation in Illinois for medical care, pain and suffering, scarring, and the ways an injury limits their future. Because a child has decades of life ahead, the damages often focus on long-term needs that are easy to underestimate.
Depending on the injury, a child’s claim may include:
- Future surgeries, therapy, and medical care into adulthood
- Lost earning ability, based on the education and career the child would likely have had
- Disfigurement and scarring
- Pain, suffering, and loss of a normal childhood
- Special education services and home modifications
Parents may also recover the medical bills they paid for their child’s care. We work with doctors, life care planners, and economists to estimate each of these costs before advising your family on any offer.
Wrongful Death Claims After the Loss of a Child
When an injury takes a child’s life, Illinois law allows the personal representative of the child’s estate to bring a wrongful death claim for the family. No amount of money can ease the pain of losing a child or fill the void that loss leaves in a family.
Illinois generally requires a wrongful death lawsuit to be filed within two years after the child’s death, although exceptions may apply.
What Parents Can Recover
Under the Illinois Wrongful Death Act, parents can recover for their grief and for the loss of their child’s love and companionship, even though a young child provided no financial support. For families facing the loss of a child, answers and accountability often come first, and we move at a pace that respects their grief.
What Should Parents Do After a Child Is Seriously Hurt?
Your child has probably already been seen in an emergency room or by a pediatrician. If not, schedule a visit soon, because head injuries and internal injuries in children can be hard to spot at first.
As your child heals, these steps keep the claim on track:
- Talk to a child injury lawyer. An attorney can preserve evidence, deal with insurers, and handle the court steps Illinois requires for a child’s claim.
- Bring your child to every appointment. Following the full treatment plan, including therapy, shows the true extent of the injury.
- Keep a journal for your child. Notes about pain, sleep, nightmares, and missed activities show how the injury changed your child’s daily life.
- Save school records. Report cards, teacher notes, and special education plans can show how the injury affected learning.
- Keep details off social media. Insurers review posts and photos to argue that a child is doing better than medical records show.
These records also help your lawyer measure what your child’s future care will cost.
FAQ
Chicago Child Injury Claims: Questions Parents Ask Our Attorneys
Can a parent accept an insurance settlement for a child without going to court in Illinois?
Can my child file an injury claim after turning 18 for something that happened years ago?
What happens to settlement money awarded to a child in Cook County?
Can I file a claim if my child was hurt at daycare or summer camp?
Does a judge review the attorney fees in a child injury settlement?
Talk With a Chicago Child Injury Attorney About Your Family’s Next Steps
Your child’s recovery may take months or years, and your family should not have to face insurers, court petitions, and medical bills alone. At Kennedy Watkins Injury Attorneys, we will investigate what happened, protect your child’s rights, and pursue the resources your child needs for the future.
Parents can call a Chicago child injury attorney 24/7 at (312) 448-8181 or contact us online. The consultation is free, and we will meet your family at home or wherever your child is recovering.