Chicago Child Injury Lawyer

Fighting for Maximum Compensation After a Child Is Injured in Chicago

At Rosenfeld Injury Lawyers, we know nothing matters more than your child’s safety and well-being. As a trusted Chicago child injury lawyer team, we understand the unique challenges families face when a child’s life is suddenly altered by someone else’s actions, and we bring the experience, resources, and compassion needed to guide you through every step of the process.

Child Injury Settlements & Verdicts Recovered by Our Chicago Law Firm

$7,150,000 – Child Struck by Construction Material

Sophia, a grade-school student, was leaving her Chicago elementary school when construction material from a roofing project fell on her. She suffered a severe shoulder injury that eventually led to a diagnosis of reflex sympathetic dystrophy. The settlement provided for ongoing medical expenses, pain and suffering, and long-term care planning.

$4,500,000 – ATV Accident Causing Head Injury

Ethan, age 12, was thrown from the back of an ATV operated by a family friend during a weekend outing. The crash caused a traumatic brain injury requiring extensive rehabilitation and special education services. Our Chicago child injury lawyers showed that the operator failed to provide adequate supervision and operated the vehicle in an unsafe manner, resulting in a significant recovery.

$1,799,000 – Carnival Ride Fall

Lily, age 6, fell from the top of a slide at a local amusement park, sustaining multiple broken bones and a head injury. The ride operator failed to install protective safety equipment that could have prevented the fall. The settlement covered Lily’s medical costs, therapy, and the impact on her development.

$1,500,000 – Bounce House Fracture Injury

Noah, a toddler, was injured at a community event when he was allowed into a bounce house with much older children. He suffered a fractured leg that required surgical repair. The case resolved for a significant amount after proving event staff failed to provide adequate supervision.

$1,100,000 – Daycare Negligence Causing Pelvic Fracture

Olivia, age 2, fell from a changing table at a Chicago daycare when staff left her unattended. She sustained a pelvic fracture and needed months of therapy to walk again. Our experienced child injury attorneys demonstrated repeated safety violations at the daycare, leading to a strong settlement for her family.

What Makes Us the Best Child Injury Attorneys in Chicago

Families trust us because we combine a track record of results with the compassion and understanding needed when a child’s injuries change a family’s life. Our Chicago child injury lawyers have been recognized by respected legal organizations for the quality of our work and the outcomes we achieve for our clients.

Our firm’s achievements include recognition from Super Lawyers, membership in the Million Dollar Advocates Forum, and a 10/10 Avvo rating. Our Chicago personal injury law firm approaches every child injury case with the same dedication, thorough investigation, collaboration with pediatric experts and life care planners, and a readiness to go to trial when settlement offers do not meet the child’s needs. 

Our experience ensures we can anticipate challenges, handle complex legal issues, and make sure your child’s medical costs, pain, and suffering are fully compensated.

Types of Child Injury Cases We Handle

As Chicago child injury lawyers, we take on a wide range of claims when a child’s injuries are caused by negligence. The cases we most often handle include:

• Daycare injuries from unsafe facilities, lack of staffing, or failure to monitor children
• School negligence, including unsafe conditions and inadequate supervision in classrooms, sports, or extracurricular activities
• Medical malpractice involving children, such as birth injuries or misdiagnosed illnesses
• Auto accidents involving children, whether as passengers, pedestrians, or cyclists
• Defective toys or playground equipment that cause harm
• Drowning and swimming pool accidents, often due to lack of barriers or lifeguards
• Burn injuries from unsafe premises, products, or accidents
• Dog bites, especially when children are left unprotected around animals

What Serious Injuries Can Children Suffer?

In our experience, Chicago child injury cases can involve serious and sometimes permanent harm. Children may suffer:

• Traumatic brain injuries that affect cognitive development and learning
• Spinal cord injuries and paralysis, sometimes resulting in permanent disabilities
• Fractures that disrupt bone growth and require ongoing monitoring
• Severe burns and disfigurement that impact appearance and mobility
• Internal injuries and organ damage that can require emergency surgery
• Psychological trauma that affects behavior, social skills, and emotional health
• Fatal injuries that leave families grieving a devastating loss

What Damages Can Families Recover in a Child Injury Case?

Under Illinois law, families can pursue compensation that reflects the full scope of their child’s damages. This can include:

• Economic damages such as:
  • Past and future medical bills
  • Physical and occupational therapy
  • Special education services and assistive devices
• Non-economic damages such as:
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
• Punitive damages in cases involving extreme negligence or intentional harm
• Costs related to permanent disabilities, life care planning, and long-term support needs 

What Is the Average Child Injury Payout in Chicago?

The median recovery for a Chicago child injury case is approximately $2,065,000, while the average is significantly higher at $11,050,016. Reported case values range from as low as $3,500 to over $100 million, reflecting the wide range of circumstances and injury severities involved.

The settlement or verdict in a child injury case depends on multiple factors, including the child’s age, the type and extent of injuries, the need for ongoing medical care, the projected impact on their future, and the clarity of liability. 

Severe, permanent injuries—such as traumatic brain injuries or spinal cord damage—typically result in higher awards, especially when they require lifelong treatment and limit the child’s ability to work or live independently as an adult. Cases with well-documented damages and clear evidence of negligence generally achieve the strongest outcomes.

Example Child Injury Cases Filed in Cook County

Chicago Fire Truck Accident

Keonte, age 5, was playing in a high-intensity water spray from an opened fire hydrant when a Chicago Fire Department truck drove through the spray without activating emergency equipment. Poor visibility prevented the driver from seeing Keonte, and the truck struck him, knocking him down before running over him. 

He suffered abdominal and pelvic injuries, and his right leg was amputated at the hip. His parents pursued damages for medical expenses, future wage loss, pain and suffering, and disfigurement. The case settled for $10 million, approved by the Chicago City Council.

Multi-Vehicle Winter Crash

Zachary, a minor, was riding in the back seat during a multi-vehicle pileup caused by icy conditions on I-90. A series of tractor-trailers lost control, and one struck Zachary’s vehicle, causing severe injuries, including a traumatic brain injury, spastic quadriparesis, and permanent weakness in all four limbs. 

He required ongoing pediatric care and would need lifelong assistance. The jury awarded $14,242,154 for his future medical costs and additional compensation for pain and suffering, disability, and loss of normal life.

Why You Need a Chicago Child Injury Lawyer

Child personal injury claims are often complex. They can involve multiple defendants, overlapping insurance policies, and court-approved settlement structures that must be carefully tailored to protect your child’s future. 

Our Chicago personal injury law firm works closely with pediatric specialists, life care planners, and vocational experts to project the full cost of your child’s medical care, therapy, and support over a lifetime. Our child injury lawyers understand the emotional toll these cases take, and we fight to make sure your family is not left facing financial uncertainty on top of the challenges of recovery. 

How Common Are Child Injuries in Chicago?

Based on a Special Emphasis Report on Infant and Early Childhood Injury by the IDPH, in 2014, over 111,000 injuries to children up to age five were treated in hospital emergency departments. For every child who died from an injury, 12 were hospitalized, and 939 were treated and released from an ED.

Boys are more likely than girls to die from injuries, be hospitalized, and visit the ED.

55% of all injury deaths in infants are due to suffocation in bed, and another 15% from other forms of suffocation. An equal 1% of infant fatalities are due to drowning and motor vehicle accidents.

Among children aged 1-5, abuse and assault are the leading cause of death at 27%, followed by drowning (16%) and pedestrian accidents (14%). Fires and burns account for 10% of fatal injuries in children, followed by suffocation (9%) and car accidents (7%).

At 36%, falls account for the majority of hospitalizations of children in Illinois. Of them, 8.4% are slips and falls, and 9.4% each are falls down stairs. 

Nationwide, car accidents are the second leading cause of death in teens. Per CDC (Centers for Disease Control) data, 711 child passengers age 12 and younger died in motor vehicle crashes in 2021 alone, and more than 63,000 were injured in 2020. In cases where the method of restraint was known, over 30% of children under 12 who died in a motor vehicle accident were unrestrained.

Where Do Child Injuries Occur Most Often in Chicago?

In our experience handling Chicago child injury cases, certain locations and environments present higher risks for serious harm, such as:

• Public and private daycares – Facilities such as Little People’s Learning Center and Kids & Company have the same duty as any childcare provider to keep children safe. Negligence here can include failing to maintain safe play areas, ignoring food allergy protocols, or leaving children unsupervised.
• Chicago Public Schools and suburban school districts – CPS playgrounds, sports fields, and gymnasiums can become dangerous when equipment is poorly maintained or staff fail to monitor students. We’ve handled cases involving schools like Lane Tech, Ogden International, and others where lack of supervision led directly to a child’s injuries.
• Public playgrounds and city parks – Locations such as Maggie Daley Park, Horner Park, and Humboldt Parkhave city-managed equipment that must be kept safe for children. Worn-out swings, unsecured climbing structures, or unsafe surfacing can cause serious harm.
• Intersections near schools and residential areas – High-traffic spots like Ashland Avenue near Benito Juarez High School or the crosswalk at Clark and Adams near Ogden Elementary require extra caution from drivers. Speeding or ignoring crossing guards puts children at risk.
• Apartment complexes and multi-family buildings – Large residential properties such as the Harold Ickes Homes redevelopment area or affordable housing complexes in Bronzeville can present hazards like unsafe stairwells, open windows without guards, or defective elevators.
• Children’s hospitals and clinics – While rare, medical errors in facilities like Ann & Robert H. Lurie Children’s Hospital or Comer Children’s Hospital—whether during surgery, medication administration, or diagnosis—can have life-long consequences.

What Laws Govern Child Injury Claims in Chicago?

Illinois law provides a framework to protect children from harm and to hold negligent parties accountable. Some of the most relevant laws include:

• Illinois Joint Tortfeasor Contribution Act (740 ILCS 100/) – Allows for the allocation of fault among multiple negligent parties, ensuring that each pays their fair share of damages.
• Product Liability Procedures (735 ILCS 5/2-21) – Governs defective product claims, which can include dangerous toys, playground equipment, or childcare devices.
• Illinois Premises Liability Act (740 ILCS 130/) – Requires property owners and managers to maintain safe conditions. The doctrine of “attractive nuisance” applies when a dangerous condition is likely to attract children, such as unfenced pools or unsecured construction sites.
• Illinois Wrongful Death Act (740 ILCS 180/) – Applies when a child’s life is tragically lost due to negligence or intentional harm.

How Long Do I Have to File a Child Injury Lawsuit in Illinois?

For claims involving a child, the personal injury statute of limitations in Illinois is two years from the date of the injury or its discovery (735 ILCS 5/13-202). Illinois provides an important exception for minors: they have until eight yearsfrom the date of the injury or until their 22nd birthday, whichever comes first (735 ILCS 5/13-211).

In wrongful death cases, the deadline is two years from the date of the child’s passing (735 ILCS 5/13-209).

Even though the law allows extra time for minors, evidence is best preserved when the case is started as soon as possible. Our personal injury lawyers act quickly to document your child’s injuries, gather witness statements, and secure expert testimony while the facts are still fresh.

Who Is Legally Liable for Child Injuries in Chicago?

Potentially liable parties may include:

• Daycare centers – for inadequate supervision, unsafe facilities, or unqualified staff
• Public and private schools – for playground injuries, unsafe premises, or failure to protect children from foreseeable harm
• Medical providers – for errors in pediatric treatment, surgery, or medication
• Negligent drivers – when motor vehicle accidents involve children as pedestrians, passengers, or bicyclists
• Landlords and property managers – for unsafe conditions in rental housing or common areas
• Toy and equipment manufacturers – when defective products cause harm

Common Defenses in Chicago Child Injury Cases

Defendants in child injury cases often raise legal defenses in an effort to avoid or reduce their liability. Our personal injury lawyers anticipate these arguments and prepare evidence to counter them effectively. Common defenses include:

• Parental negligence – Claiming the parents failed to supervise or protect the child
• Product misuse – Arguing the injury occurred because the product was used in an unintended or unsafe manner
• Governmental immunity – Invoked by public entities like schools or municipalities to limit liability, though exceptions exist for willful or wanton misconduct
• Failure to mitigate damages – Suggesting the child’s injuries were worsened because follow-up care was delayed or skipped

Our Chicago child injury lawyers challenge these defenses with medical records, safety inspection reports, eyewitness testimony, and expert analysis, ensuring your child’s injuries are taken seriously by the court and jury.

How to Strengthen Your Child Injury Case

There are key steps you can take immediately after an incident to help us build the strongest possible case:

• Seek immediate medical care – This ensures your child’s injuries are documented from the start.
• Keep thorough records – Save all bills, prescriptions, therapy notes, and correspondence related to your child’s medical treatment.
• Photograph everything – Injuries, the accident scene, and any hazardous condition or defective product involved.
• Collect witness information – Names, phone numbers, and addresses of anyone who saw the incident.
• Track developmental or emotional changes – Keep a journal of symptoms, mood changes, or limitations caused by the injury.
• Do not sign any release or accept a settlement without legal review – Early offers rarely account for long-term costs.

How a Chicago Child Injury Attorney Can Help

Handling a child injury case requires more than just legal knowledge. It requires understanding the unique needs of injured children and their families. As your legal team, we:

• Work with pediatric specialists to assess the full extent of the injuries
• Coordinate with life care planners to project long-term costs, from surgeries to adaptive equipment
• Prepare structured settlements and special needs trusts to protect your child’s financial security
• Manage negotiations with insurance companies and defense attorneys to recover fair compensation
• Handle all court filings, hearings, and settlement approvals required in child injury cases
• Stay with you through the entire process, ensuring your child’s needs are met through recovery and beyond

Our goal is not just to resolve a case, but to make sure your child’s medical costs, pain, and suffering are fully compensated.

FAQs

How much does a Chicago child injury attorney cost?

Our Chicago child injury lawyers handle every case on a contingency fee basis. That means you pay no upfront fees, and we only get paid if we successfully recover compensation for your child’s injuries. Our fee is a previously agreed-upon percentage of the recovery.

Who can file a claim on behalf of a child in Illinois?

In Illinois, a parent or legal guardian has the authority to file a claim for a child’s injuries. This ensures that the child’s rights are protected and that any settlement is structured in their best interest, often with court approval to safeguard the funds until the child turns 18.

Can a public school be liable for a child’s damages?

Yes, but public schools in Chicago are subject to the Illinois Tort Immunity Act (745 ILCS 10/), which limits certain claims. However, exceptions exist when the conduct is willful or wanton, such as ignoring known safety hazards or failing to supervise during a dangerous activity. These exceptions can allow families to move forward with a personal injury lawsuit.

Can a child be responsible for their own injury?

Illinois follows the comparative negligence rule (735 ILCS 5/2-1116), but courts also apply the “tender years” doctrine. This means that very young children are not considered capable of negligence. For older minors, fault may be shared, but the law is designed to consider the developmental stage of the child when assigning responsibility.

How do you prove negligence for a child injury?

To succeed in a case, our Chicago child injury lawyers must show four elements: duty, breach, causation, and damages. In simple terms, we must prove that the defendant had a responsibility to keep your child safe, failed in that duty, and that failure directly caused the injury and measurable harm. We rely on expert testimony, safety records, and medical evidence to build a compelling case.

Consult a Chicago Child Injury Lawyer Near You

If your child has been hurt due to someone else’s negligence, our Chicago personal injury law firm is here to protect your family’s rights. We offer a free consultation, and you pay nothing unless we win your case. Contact Rosenfeld Injury Lawyers today to discuss your legal options and take the first step toward securing your child’s future.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Decatur, Naperville, Springfield and throughout Illinois.

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.