Can a Minor File a Lawsuit in Chicago?

Friday, December 16, 2016

Can a Minor File a Lawsuit in Chicago?

Written by Malman Law, reviewed by Steve J. Malman.

Injury Lawyers Fighting for the Rights of Parents and Injured Minor Children in Chicago

When a child is injured due to the negligent acts of another person, parents may feel helpless.

If your child has been injured, you may wonder what your rights are and what you can do to stop your child’s pain and emotional suffering. Sometimes, a child’s injuries are permanent, which means a life of care, therapy, and painful procedures. Watching your child in such pain, and knowing that his or her suffering was caused by another, makes seeking options for recourse necessary.

Unfortunately, minors in Illinois cannot file their own personal injury lawsuit. However, as a parent of an injured child, there are things that you can do to advocate for them and ensure that the child receives compensation for the injuries.

Remedies for an Injured Minor

After a serious injury, your child may need long-term rehabilitation and therapy. The child may require assisted care or lifelong medical treatments, too. Some injuries may require your child to undergo surgeries later in life, such as a device or organ transplant. An injury could be so serious that your child is disabled the rest of his or her life, unable to work, go to school, or enjoy childhood.

When filing a lawsuit on behalf of a minor, your attorney will look at several factors, including:

• Medical expenses for those already incurred, as well as those required in the future.
• Costs of property damage (if any).
• Cost of living, including your child’s costs based on disability. If he or she requires a live-in care assistant or if he or she must live at a facility, these costs are included in the total cost estimate.
• Medical equipment required, including wheelchairs, life-sustaining equipment, etc.
• Pain and suffering for the incident, as well as long-term suffering.
• Loss of potential future salary.
• Loss of enjoyment of life.
• Permanent disfigurement or disability.
• Loss of companionship.

Special Considerations for Lawsuits Involving Minors

Minors (children under the age of 18) cannot file a lawsuit in the state of Illinois for injuries. Instead, their parent or legal guardian must do so on their behalf.

Because lawsuits involving children often involve complex legal issues, it is best that you hire an attorney who has experience handling lawsuits for minors. An attorney with experience in this area is better equipped to predict future costs, care concerns, and more.

The law does not allow you to bring a second suit later when costs exhaust your initial compensation. Therefore, it is critical that you receive adequate compensation for your child’s injuries now.

Also, there are special limitations set for lawsuits brought against someone on behalf of a minor. Your child’s settlement may be placed in a protective bank account, with authorization to only withdraw funds that directly pertain to your child’s best interest, care, or living expenses.

Speak with a Personal Injury Attorney About Your Child’s Injury Now

If your child suffered a serious injury, contact the team at Malman Law. We are here to help, regardless of whether the injury was caused by a product defect, car accident, or other form of negligence.

Schedule a free consultation with our lawyers by phone or request your appointment online.