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.
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
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 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!
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