When a child is injured due to the negligent actions of another, it may be difficult determining what to do next. Medical expenses could build up and cause a significant burden on your family. Fortunately, a skilled attorney could help.

If your child was injured due to the reckless actions of another, you should discuss your legal options with a knowledgeable Riverdale child injury lawyer. After a consultation with a diligent personal injury lawyer, you may be able to seek legal recourse and financial compensation for these expenditures. You may be eligible to recover compensation for pain and suffering, mental anguish, medical expenses, and loss of enjoyment of life.

Who May File a Lawsuit

According to 755 Illinois Compiled Statues §5-11-1, any person under the age of 18 years old is considered a minor. The first thing a parent or guardian should know is that a minor cannot file a lawsuit on their behalf for their losses.

A parent or guardian may file a lawsuit on behalf of their child for their injuries and damages. If the plaintiff is not the biological parent, a Riverdale child injury attorney may be able to help a guardian or adoptive parent file for guardianship status under 755 I.L.C.S. §5/11-5 to gain this legal right to represent the minor.

Claiming Negligence

Most child injury cases follow the standard negligence claim found in most personal injury lawsuits. If a plaintiff believes that another party caused the minor’s injuries, a child injury attorney from Riverdale will try to prove to the court that the party was negligent by providing the following elements of the claim:

  • The defendant owed a duty of care
  • The defendant did not meet that duty
  • The failure to comply with this duty caused the injury
  • The incident that caused this injury made the plaintiff suffer actual damages or some loss

Recovering Damages Following an Accident

Damages refer to the financial compensation a court may award a plaintiff after proving their negligence claim. Because a minor’s medical bills and other expenses are likely to be paid by a parent or guardian, this adult is may be able to collect the award while the child is still legally in their care.

Depending on the case, any or all of the following damages may be sought by the plaintiff:

Economic Damages

This refers to past and future medical bills, past, and future lost wages (if the child’s injuries will continue into adulthood and limit their ability to work), rehabilitation costs, and other out-of-pocket costs directly resulting from the incident.

Non-Economic Damages

If a child is psychologically traumatized by an event, a plaintiff may seek damages for pain and suffering, loss of enjoyment of life, disfigurement, humiliation, and more

Punitive Damages

This type of damages, under 745 I.L.C.S. §5/2-604.1, generally can only be sought if the plaintiff alleges the defendant’s actions went beyond mere negligence. They are the least-frequently awarded because of this higher threshold.

The type and total amount of damages that may reasonably be pursued are unique to each case. A parent should consult a child injury attorney from Riverdale to determine the best course of action for their claim.

Speak with a Riverdale Child Injury Attorney Today

When it comes to the health, happiness, and well-being of your child, you should leave nothing to chance. If your child is injured, you should speak with a Riverdale child injury lawyer and discuss the details of your situation.

With their experience and legal knowledge in this area of personal injury law, a lawyer may be able to speak with you regarding your case and advise you as to what your best available options are. Schedule a consultation today to discuss your case.