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Chicago Child Injury Lawyer

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Legally Reviewed by:

Jonathan Rosenfeld

J.D

  • Over $450 Million worth of case results

  • Awarded The Best Lawyer in 2024 by U.S. News

  • Nationally Recognized in Legal Community

There are few things worse than watching your child suffer from an injury caused by someone else’s negligence, even more so if that injury causes lifelong complications—or even death. A child injury attorney can help you recover compensation for the severe injuries your child sustained as the result of the negligence or actions of another party.

The Chicago child injury lawyers at Rosenfeld Injury Lawyers have experience helping families recover millions of dollars from personal injury claims. Read on to learn more about all the ways we can help.

Chicago child injury lawyer

Who Can File a Child’s Injury Claim?

Parents and legal guardians are able to file a child injury case against individuals, businesses, and government entities that are responsible for their child’s serious injuries. It is possible to file a Chicago child injury case whether the actions that caused your child’s injury were intentional, accidental, or caused by inadequate supervision or negligence. 

The Most Common Types and Causes of Child Injuries

Unfortunately, there are many different causes and types of child injuries, from playground injuries to swimming pool accidents. These include the following:

  • Sports injuries – Children suffer injuries from participating in sports that are not caused by negligence or intentional harm. However, there are sports injuries caused by a lack of access to the right protective equipment required to play in a sport, or a lack of supervision. 
  • Falls – Fall-related injuries can result from wet floors, uneven ground, trip hazards, and lack of supervision. A child’s injury from a fall can range from mild to severe, with more severe cases resulting in broken bones or head injuries.
  • Burns – Water at 60 °C (140 °F) can cause a scalding injury in less than three seconds. This type of accident typically occurs when someone fails to secure a hot beverage near a child.
  • Accidental strangulation – Strangulation happens mostly by accident when children are left unattended with loose clothing, hammocks, swings, and jewelry.
  • Choking or asphyxiation – Young children should never be given food that is too big for them to chew properly. The same goes for circular foods and small toys that increase the risk of choking. 
  • Poisoning – A child injured from accidental poisoning was usually left unattended with a potentially hazardous substance, such as cleaning materials and pesticides.
  • Car accidents – Motor vehicle accidents are a leading cause of fatalities for children. A car accident can cause fractures, TBI, or spinal cord trauma.
  • School bus accidents – Most school bus accidents occur when school buses are on the road and may be caused by the bus driver or another motorist.
  • Accidental drowning – Drowning is the second-most common cause of death in children between the ages of 0 and 14. This type of accident usually happens when a child is left unattended in a swimming pool or bathtub. Parents, babysitters, lifeguards, and pool owners without proper fencing around their pools may be held liable for a child’s drowning.
  • Medical malpractice – A medical professional’s negligence can lead to a child’s injuries. Common incidences of medical malpractice include giving the wrong dosage of medicine to a child, mishandling a birth, and misdiagnosing a severe injury.
  • Dog bites – Children should not be left alone with dogs, especially if the dog is untrained or is unfamiliar with the child. If a child was injured from a dog bite, the owner could be liable for the damages.
  • Being struck by an object – These accidents involve a child being hit by an object, such as a baseball bat, a ball, or a falling object.
  • Traumatic brain injuries (TBI) – Children are more susceptible to head injuries and their effects. A TBI can occur when there is a significant blow or jolt to the head, such as from a car accident.
  • Spinal cord injuries – Catastrophic injuries to the spinal cord can lead to partial or total paralysis in a child, which may be permanent or temporary. 
  • Fractures – Broken bones typically result from falls and car accidents. Minor fractures usually heal without permanent consequences, but more severe breaks can result in a limited range of motion.
  • Lacerations – Deep cuts can lead to significant loss of blood in children. In some cases, a laceration on the hand can even cause nerve damage.
  • Wrongful death – Unfortunately, fatal injuries can occur as a result of an injury on someone else’s property, or due to negligence. 

The Deadline to File a Child Injury Lawsuit

The statute of limitations is how long you have, under state law, to file Chicago child injury cases. Illinois residents have two years to file a personal injury case, starting on the date of the underlying accident or incident. If you don’t file a case on time, the defendant may ask the court to dismiss the case.

Damages That an Experienced Child Injury Attorney Can Help You Recover

There are three primary types of damages that your Chicago child injury lawyer can help you recover in your case, depending on what happened and who is filing the claim. 

Economic Damages

  • Past and future medical bills
  • Lost wages of a parent due to time spent caring for their child’s severe injuries 
  • Rehabilitation costs
  • Physical therapy
  • Cost of full-time nursing care

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Emotional trauma
  • Permanent disabilities 
  • Loss of life enjoyment

Punitive Damages

While rare, it is possible that the judge will award punitive damages in your case as a way to punish the at-fault party or to dissuade similar future behavior when the actions responsible for what happened are especially egregious. When punitive damages are added to a personal injury case, they can significantly impact the final settlement amount. 

Who Can Be Held Liable in Chicago Child Injury Cases?

An experienced child injury attorney can help you hold a wide range of at-fault parties responsible for what happened to your injured child. Some common defendants in a personal injury lawsuit involving injured children include the following:

  • School officials 
  • Daycare centers
  • Schools 
  • Daycare facilities
  • Bus companies
  • Other drivers
  • Property owners
  • Landlords
  • Business owners
  • Product manufacturers
  • Local governments

In Chicago, children can be held liable for their own injuries. Illinois uses a contributory negligence doctrine, which means fault for damages is split between several parties based on how they contributed to the case. 

For children 7 years of age or older, the proportion of damages that can be recovered is related to their percentage of responsibility. For example, if an injured child is found 30% responsible for their injuries, the settlement amount they receive could be reduced by 30%. 

However, children who are younger than 7 years old are incapable of contributory negligence under the tender years doctrine in Illinois. 

There is no predetermined settlement amount for what can be recovered in a child injury case. However, there are some factors that are known to impact all types of personal injury cases. 

For instance, the amount of the losses is an important factor. Cases that involve more substantial losses, such as those with substantial bills for your child’s medical costs, will typically recover more.

Every child injury case takes a different amount of time to settle. 

There are several factors that go into finishing the case, including time allotted for investigations by both parties, court schedules that can take a long time to schedule court dates, and the speed at which your personal injury lawyer can work to negotiate settlements. There is no standard amount of time to settle the case.

Courts can take months, if not years, to schedule proceedings. With multiple stages of proceedings needed to handle a case, this could be the longest holdup to settling. As a result, cases that settle out of court are almost always resolved faster than cases that require going to trial.

Filing a Claim With Our Chicago Child Injury Lawyers

To file a child injury claim with the help of a Chicago child injury lawyer from Rosenfeld Injury Lawyers, you can generally expect to follow the following steps: 

  • Free consultation with a child injury lawyer – During your free consultation with a Chicago child injury lawyer, you will discuss the specifics of what happened to cause your child’s serious injuries. Your personal injury lawyer will be able to answer any questions you may have and provide legal guidance.
  • Collecting evidence – To prove your case, your attorney will need to gather evidence related to your claim. This includes requesting medical records, surveillance footage (if available), and witness testimony. In some cases, this might mean consulting with experts to demonstrate how child injuries occur, given the circumstances of your case.
  • File your civil case – The next step in recovering compensation in your child injury case is to file the case with the courts. 
  • Negotiating with insurance companies – If an insurance company is involved in your case, your lawyer will negotiate for the maximum amount allowed.
  • Going to court – If necessary, your personal injury lawyer is prepared to bring your case to court.

What Is the Basis of Child Injury Claims?

Child injury claims are based on the fact that a child was injured because of the negligence or direct actions of others. These are some of the factors that influence claims:

  • Negligence – Negligence is when a person who is supposed to be responsible for something fails to provide adequate supervision. For example, a crossing guard who fails to check that cars are stopped before signaling kids to cross is negligent if one of those children is injured by a car. 
  • Intentional harm – Intentional harm occurs when a person successfully or unsuccessfully tries to harm others. In child cases, intentional harm takes place when someone deliberately tries to hurt the child. 
  • Strict liability – Strict liability is when a person or group is responsible for damages and will be held accountable for those damages according to laid-out legal guidelines. 
  • Statutory mandates – Statutory mandates establish cases where legal actions are required. For example, hospital staff are mandatory reporters in cases where children receive certain injuries. They are required to report those cases to law enforcement. 

The Attractive Nuisance Doctrine states that if you have something on your property that is likely to attract children (e.g., playgrounds, swimming pools, etc.), and you fail to make it safe or secure, you can be held liable for any damages to the children that are injured. 

This applies even if children are trespassing on your property. However, the trespasser’s parents or guardians can also be held liable. This is why homeowners in most jurisdictions are required to have child fences around pools, even if they are in a backyard behind an eight-foot-tall fence. 

Since children under the age of 18 cannot enter into contracts or legal agreements, most child injury cases are filed on the child’s behalf by parents or legal guardians. In some cases, children can wait until they are adults to file a personal injury claim, as the statute of limitations is tolled—paused for a special exception—until they turn 18. 

To successfully prove a child injury case and secure fair compensation, your Chicago child injury attorney will need to prove the following:

  • The responsible party had a duty to provide adequate supervision, create a safe environment, or prevent physical injuries from occurring 
  • The responsible party breached this duty 
  • There is causation, which means the responsible party’s breach of duty caused your child to suffer injuries
  • Your child suffered damages, such as medical costs, as a result of the injuries

Some notable child injury statistics for Chicago include the following:

  • 540,000 children live in Chicago, making up 28% of the city’s population [1].
  • 295 children die from accidental injuries in Chicago annually [2].
  • Injuries are a leading cause of death for children up to 5 years old [3].
  • Approximately 111,000 injuries are treated by Illinois hospitals each year [3].
  • Drowning accounts for 16% of the childhood deaths in Illinois [3].
  • 36% of childhood injuries in Illinois are from falls [3].

The Cost of Hiring Our Chicago Child Injury Attorneys

Our personal injury law firm works on a contingency fee basis. This means that you do not have to worry about coming up with money to pay for our services up-front. Instead, we deduct a percentage of the settlement that we help you secure for your child’s injuries. 

If we are unable to recover compensation in your child’s case, you will not have to pay anything for the assistance of your personal injury attorney.

Contact a Chicago Child Injury Attorney Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

If your child suffered injuries due to someone else’s negligence, it is possible to seek compensation through civil court. Our child injury lawyers have experience working on a wide range of cases and recovering millions of dollars for our clients. We work on a contingency fee basis, so you do not have to pay anything out of pocket to seek justice for your child.

Contact the team at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. A member of our team is available 24 hours a day to answer your call.

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.

Resources: [1] Lurie Children’s Hospital, [2] Lurie Children’s Hospital, [3] IDPH

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

– Ethan Armstrong

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

– Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

– Lisa

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Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606

Phone: (847) 835-8895
Toll Free: (888) 424-5757

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