Southern Illinois Child Injury Lawyers

A child under 18 cannot file a lawsuit on their own in Illinois. Instead, a parent or legal guardian brings the claim on the child’s behalf, usually acting as what the law calls the child’s “next friend.” You make the decisions and work with the attorneys, but the claim itself belongs to your child, and the recovery is protected for them.

If both parents are involved, either can typically act. If the child has a court-appointed guardian, that guardian steps in. The important point is that someone with legal authority must stand in for the child until they turn 18.

Most injury claims in Illinois must be filed within two years under 735 ILCS 5/13-202. For a child, that clock is “tolled” — paused — until the child turns 18. Under 735 ILCS 5/13-211, the two-year period then begins on the 18th birthday, so a child injured at age 8 generally has until their 20th birthday to file.

Two big exceptions catch families off guard:

• Medical malpractice and birth injuries. Under 735 ILCS 5/13-212(b), a child has eight years from the negligent act to file — but never past their 22nd birthday. The clock runs from the date of the act, not from the day a condition is diagnosed.
• Claims against a public body. Lawsuits against a city, county, public school district, or other government entity carry a short one-year deadline (745 ILCS 10/8-101). Do not assume the longer minor’s window applies when a public entity is involved.

There is also a separate point many families miss: the parents’ own claim for the child’s medical bills is tied to the child’s claim and is tolled along with it under 735 ILCS 5/13-203. Even so, waiting is risky. Witnesses move, memories fade, and physical evidence disappears. The strongest cases are built early.

A parent cannot simply pocket a child’s settlement. To protect the child, Illinois requires a court to approve any settlement of a minor’s injury claim. How that works depends on the size of the recovery. Under the Probate Act, 755 ILCS 5/25-2, smaller settlements (generally $10,000 or less) can be handled under simplified “small estate” rules. Larger settlements require a court-supervised guardianship of the child’s estate.

In most cases, the money is placed in a restricted, interest-bearing account that cannot be touched without a judge’s permission, or it is paid out as a structured settlement that your child receives when they turn 18 (and sometimes in scheduled payments after). For a seriously injured child, a structured settlement can be a powerful tool — it can be designed to fund future surgeries, therapy, or college. We walk families through these options so the recovery actually serves the child’s long-term needs.

Illinois law protects young children from being unfairly blamed. Courts follow what is often called the “Rule of Sevens.” A child under 7 is conclusively presumed incapable of negligence — they cannot be assigned any fault for their own injury, no matter how the defense tries to spin it. This rule is built into the Illinois Pattern Jury Instructions (IPI 11.03).

For children between 7 and 14, the law still presumes they cannot be negligent, but the other side can try to rebut that by showing the child understood the danger. Teenagers 14 and older are generally held closer to an adult standard. Insurance companies routinely try to shift blame onto an injured child to cut what they pay. We know how to push back and keep the focus where it belongs.

Children are often passengers when a careless driver causes a crash. Because their bodies are still developing, kids can suffer serious injuries even in collisions an adult might walk away from, and an improperly installed car seat or booster can make injuries worse. When another driver’s negligence injures your child, that driver — and their insurance — can be held responsible. We also look at whether a defective car seat or seatbelt played a role.

Children are the most frequent victims of dog bites, and because of their height they are often bitten on the face, head, and neck — the most dangerous places for a serious injury. Illinois holds dog owners strictly liable under 510 ILCS 5/16. If a dog injures a child who was peaceful and lawfully present and did not provoke it, the owner is liable even if the dog never bit anyone before. There is no “one free bite” in Illinois. These claims are usually covered by the dog owner’s homeowner’s or renter’s insurance.

When you drop your child off at daycare or school, you trust that the staff will keep them safe. When they fail — through poor supervision, unsafe equipment, or careless staff — children get hurt. A private daycare can be held responsible for ordinary negligence, and licensed facilities must follow Illinois Department of Children and Family Services (DCFS) safety rules. Public schools are harder to sue and follow a stricter legal standard, which we explain below. Either way, these cases require fast action and careful handling.

Playgrounds send hundreds of thousands of children to emergency rooms every year. Many of these injuries are not just bad luck — they happen because of broken or poorly maintained equipment, hard surfaces where there should be padding, or a lack of supervision. Falls from height can cause fractures, concussions, and worse. When a property owner, school, or city fails to keep play areas reasonably safe, they can be held accountable.

Drowning is one of the leading causes of death for young children, and near-drownings can cause lasting brain injury. Illinois holds property owners to a high duty when it comes to pools, which the law treats as an especially dangerous draw for children. An unfenced or unsupervised pool, a missing barrier, or a faulty drain can turn a backyard or community pool into a tragedy. Owners who ignore these dangers can be held responsible.

Toys, cribs, car seats, furniture, and playground equipment are supposed to be safe for children. When they are defectively designed or made, the results can be devastating — choking, strangulation, burns, tip-overs, and falls. Manufacturers and sellers can be held strictly liable for putting a dangerous product into a child’s hands. We check the Consumer Product Safety Commission for recalls and work with experts to prove the product caused your child’s injury.

Kids on bikes and on foot are no match for a careless driver. A child darting after a ball, riding near a driveway, or crossing in a neighborhood can be seriously hurt by a distracted or speeding motorist. Remember: a young child cannot be legally blamed for “running into the road.” Illinois law presumes children under 7 cannot be at fault, and the burden stays on the driver to use care around children.

Hot liquids, scalding bath water, fires, and chemical exposure cause some of the most painful and permanent injuries a child can suffer. Severe burns often mean repeated surgeries, scarring, and a lifetime of treatment. When a burn happens because of unsafe premises, a defective product, or a caregiver’s neglect, the responsible party should pay for the full cost of your child’s care — now and into the future.

Some of the most serious child injuries happen during pregnancy, labor, or delivery. Conditions like cerebral palsy and brain injury can result from medical negligence. These claims fall under Illinois medical malpractice law, which gives an injured child more time to file — up to eight years from the negligent act, but no later than the 22nd birthday under 735 ILCS 5/13-212(b). Illinois places no cap on the damages a family can recover in these cases.

When a daycare worker, coach, or other trusted adult harms a child, the facility that hired and supervised them may also be responsible — for example, for negligent hiring, training, or supervision. These cases are painful and sensitive. We handle them with care and discretion, and we focus on getting your child the support and accountability they deserve.

Your child’s health comes first. See a doctor or go to the emergency room, even if the injury seems minor — children do not always show pain the way adults do, and some injuries take days to surface. Prompt medical records also create a clear, dated link between the accident and the injury, which protects your child’s claim.

Take photos of your child’s injuries, the location, and anything that caused the harm — the dog, the broken playground equipment, the spilled liquid, the defective product. Keep the product itself if you can. Write down what happened while it is fresh, and save the names and contact information of any witnesses.

Report the injury to the daycare, school, property owner, or animal control, and ask for a copy of any incident report. Keep every medical bill, receipt, and record in one place. These documents build your child’s case and show the full cost of the injury.

An insurance adjuster may call quickly and sound friendly. Do not give a recorded statement or accept a fast settlement before talking to a lawyer. Early offers are almost always far below what a child’s injury is worth, especially when the injury could have lasting effects. Once you settle, you usually cannot reopen the claim.

The sooner you involve an attorney, the sooner the calls stop and the evidence gets preserved. We handle the insurance companies, gather the records, bring in the right experts, and make sure your child’s claim accounts for their future — not just today’s bills. The consultation is free, and we only get paid if we win.

In Illinois, the deadline to file most child injury claims is paused until the child turns 18. The standard two-year clock under 735 ILCS 5/13-202 then runs to roughly the child’s 20th birthday. Medical malpractice and claims against public bodies follow shorter, different deadlines, so do not wait.

The pause, or “tolling,” comes from 735 ILCS 5/13-211. The big exceptions: medical malpractice and birth injuries allow eight years from the act but never past age 22, and claims against a city, county, or public school can expire in just one year. The safest move is to call early so a deadline never costs your child their claim.

A child under 18 cannot file a lawsuit on their own in Illinois. A parent or legal guardian brings the claim on the child’s behalf, usually as the child’s “next friend.” You make the legal decisions while the claim belongs to your child, and any recovery is protected for the child.

This is why getting the right adult involved early matters. We help parents and guardians step into that role correctly so the case is set up properly from the start and the child’s interests are protected throughout.

A child’s injury settlement in Illinois must be approved by a court to protect the child. Smaller settlements can be handled under the Probate Act’s small-estate rules, while larger ones require a court-supervised guardianship. The money is usually placed in a restricted account or a structured settlement the child receives at 18.

Under 755 ILCS 5/25-2, settlements of roughly $10,000 or less can use simplified rules; larger ones require a guardian of the estate. A structured settlement can be designed to fund future surgeries, therapy, or education. We help families choose the option that best fits their child’s needs.

In Illinois, a child under 7 cannot legally be blamed for their own injury — the law treats them as incapable of negligence. For children roughly 7 to 14, fault is presumed against the idea but can be argued based on the child’s age and judgment. This protects young children from unfair blame.

This “Rule of Sevens” is reflected in the Illinois Pattern Jury Instructions. Insurance companies often try to blame an injured child to reduce what they pay. We know how to shut that tactic down and keep the responsibility on the party who caused the harm.

It depends on whether the facility is private or public. A private daycare can be held liable for ordinary negligence — failing to use reasonable care to supervise and protect children. A public school or public body is usually liable only for willful and wanton conduct, a much higher standard, and shorter deadlines apply.

Licensed private daycares must also follow DCFS safety rules, and a violation can help prove negligence. Because a claim against a public school can be lost in as little as one year, call quickly if your child was hurt at a public school or on public property.

Often, yes. Illinois is a strict-liability dog-bite state under 510 ILCS 5/16. If a dog injures a child who was peaceful and lawfully present and did not provoke the animal, the owner is liable — even with no prior bites. Illinois has no “one free bite” rule.

The law defines “owner” broadly to include anyone keeping or harboring the dog. Most dog-bite claims are paid by the owner’s homeowner’s or renter’s insurance, not out of their pocket — an important point when the dog belongs to a friend or relative. Children are the most common dog-bite victims, and facial injuries can be severe.

There is no set figure. A child’s injury case value depends on the severity and permanence of the injury, current and future medical care, any lasting disfigurement or disability, lost future earning capacity, and pain and suffering. Children’s cases can be worth more because injuries may affect an entire lifetime.

For a seriously injured child, we work with medical and economic experts to project the lifetime cost of care and lost earning ability. Illinois places no cap on damages in medical malpractice and birth injury cases, so a permanently injured child can be fully compensated.

Nothing up front. Like other personal injury cases, we handle child injury claims on a contingency fee — you pay no attorney fee unless we recover money for your child. The consultation is free, and the fee is a percentage of the recovery, subject to court approval in a minor’s case.

Because a judge reviews and approves the fee in a minor’s settlement, you have an added layer of protection that the arrangement is fair to your child. You never owe us an attorney fee out of pocket.

Many child injury claims settle without a trial, but a minor’s case has an extra step: a judge must approve the settlement to protect your child. That usually means a short, straightforward court hearing. If the insurance company refuses a fair amount, we are prepared to file suit and try the case.

In some cases the court appoints a guardian ad litem — a neutral attorney who reviews the settlement solely to confirm it is in the child’s best interest. We prepare everything for that hearing and guide your family through it.

You can still pursue a claim, and it is usually paid by the homeowner’s or renter’s insurance — not out of your friend’s pocket. Property owners must keep children reasonably safe, especially around known hazards like pools. Pursuing the claim is about accessing insurance to cover your child’s care.

Illinois law places a special duty on property owners regarding dangers that attract children, such as swimming pools and trampolines. Filing a claim against a friend or family member feels uncomfortable, but it is the insurance — which they pay for precisely to cover accidents — that responds, not their savings.