Injury Attorneys for Accidents Involving Children and Minors in Illinois

Child Injury Lawyers Serving Naperville, St. Charles and Aurora

Accidents involving young children and teenagers are among the most devastating events a family can endure. The physical, emotional, and financial tolls of such incidents are profound, often leaving families struggling to rebuild their lives in the wake of tragedy. Whether a child is injured at school, in a car accident, on someone else’s property, or by a defective product, these incidents can result in catastrophic injuries or, in the worst cases, death. Parents are left grappling with immense emotional pain, overwhelming financial burdens, and the daunting task of seeking justice.

At John J. Malm & Associates, we recognize the gravity of these cases and the lasting impact they have on families. Our Illinois personal injury law firm is committed to standing alongside families during their most challenging times, advocating for the rights of injured children and seeking accountability for those at fault.

The Seriousness of Injury Cases Involving Minors and Teens

Children are especially vulnerable to injuries because of their size, physical development, and natural curiosity. A moment of negligence can result in life-altering consequences, such as:

• Traumatic Brain Injuries (TBI): Often caused by car accidents, sports injuries, or falls, TBIs can lead to permanent cognitive, physical, and emotional impairments.
• Spinal Cord Injuries: Severe accidents, such as vehicle collisions or sports mishaps, can cause paralysis, impacting a child’s mobility and quality of life forever.
• Burns or Severe Scarring: Injuries from fires, chemicals, or defective products can leave children with lasting physical and psychological scars.
• Fatal Accidents: The death of a child is an unthinkable loss, and parents often seek answers, accountability, and compensation to honor their child’s memory and prevent future tragedies.

How Our Personal Injury Attorneys Advocate for Injured Children

At John J. Malm & Associates, we bring over 90 years of combined legal experience to the fight for justice on behalf of injured children and their families. We understand that no two cases are alike and that each family’s needs are unique. Our team of dedicated Naperville injury lawyers takes the time to carefully investigate the circumstances surrounding your child’s injury and build a compelling case to ensure those responsible are held accountable.

Our award-winning attorneys are experienced in handling a wide range of child injury cases, including:

• School and Daycare Negligence: Injuries caused by unsafe environments, lack of supervision, or improper protocols.
• Vehicle Accidents: Collisions involving pedestrians, cyclists, and passengers that lead to devastating or fatal outcomes.
• Premises Liability: Incidents occurring on someone else’s property, such as swimming pool accidents or playground injuries.
• Defective Products: Harm caused by faulty toys, car seats, or other products designed for children.

How Common Are Accidents Involving Children?

Childhood injuries are tragically common and often preventable. According to the Centers for Disease Control and Prevention (CDC):

• Unintentional injuries are the leading cause of death for children aged 1–19.
• Approximately 9.2 million children visit emergency rooms annually due to unintentional injuries.
• The most common causes of injury-related deaths among children are motor vehicle accidents, drowning, and suffocation.

The National Safety Council (NSC) reports that falls account for the majority of non-fatal injuries among children under 14, followed by poisoning and burns.

Common Types of Accidents Involving Children

Children are particularly vulnerable to accidents due to their size, inexperience, and reliance on adults for supervision. Common scenarios include:

1. Car Accidents

• Illinois Statistics: The Illinois Department of Transportation (IDOT) reports that motor vehicle accidents are a leading cause of injury and death among children.
• Legal Note: Drivers who fail to properly secure children in car seats or seat belts may face enhanced liability in accidents.

2. School and Daycare Injuries

• Schools and daycare facilities have a duty to provide a safe environment for children. Injuries can result from unsafe playground equipment, lack of supervision, or poorly maintained premises.

3. Sports and Recreation Accidents

• Concussions, fractures, and other injuries often occur during organized sports or recreational activities. Negligence by coaches, instructors, or facility managers can contribute to these injuries.

4. Premises Liability

• Children can be injured on someone else’s property due to hazards like swimming pools, faulty stairs, or unsecured structures.
• Attractive Nuisance Doctrine: Illinois law requires property owners to secure hazards that might attract children, such as pools or trampolines.

5. Product Liability

• Defective toys, cribs, car seats, and other children’s products can cause serious injuries.
• Example: A crib with a faulty latch may result in suffocation or strangulation.

6. Dog Bites

• Children are more likely to suffer severe injuries in dog attacks due to their smaller size and inability to defend themselves.
• Strict Liability in Illinois: Dog owners are held liable for bites unless the child provoked the dog.

7. Drowning and Pool Accidents

• Drowning is the second-leading cause of unintentional injury-related death among children. Pool owners must adhere to Illinois safety regulations, including fencing and signage.

What Are the Most Common Injuries in Accidents Involving Children?

Children’s injuries often differ from those of adults due to their developing bodies. Common injuries include:

• Traumatic Brain Injuries (TBIs): Often caused by falls or car accidents, TBIs can have long-term effects on cognitive and physical development.
• Fractures and Broken Bones: Common in playground accidents and sports injuries.
• Burns: From hot liquids, electrical sources, or fires, burns can result in severe pain, scarring, and emotional trauma.
• Spinal Cord Injuries: Rare but catastrophic, often leading to partial or complete paralysis.
• Internal Injuries: Blunt-force trauma from accidents can damage internal organs.
• Lacerations and Scarring: Deep cuts from sharp objects or dog bites can require surgical intervention and leave lasting scars.

What Is the Legal Process for Child Injury Cases in Illinois?

When a child is injured, Illinois law provides specific protections to ensure their rights are upheld:

1. Legal Representation

• A parent or legal guardian must file a claim on behalf of the child, as minors cannot represent themselves in court.

2. Statute of Limitations

• In most personal injury cases, the statute of limitations in Illinois is two years. However, for injuries to minors, the clock typically doesn’t start until the child turns 18, giving them until their 20th birthday to file a claim.

3. Settlements and Court Approval

• Any settlement involving a minor must be approved by the court to ensure it serves the child’s best interests. Funds may be placed in a trust or structured settlement until the child reaches adulthood.

4. Damages

• Families may pursue compensation for:
  • Medical Expenses: Past, current, and future costs related to the injury.
  • Pain and Suffering: Compensation for the child’s physical and emotional distress.
  • Loss of Future Earning Capacity: In cases of permanent disability or impairment.

How Does Comparative Negligence Apply to Child Injury Cases?

Illinois follows a modified comparative negligence rule, meaning a plaintiff can recover damages as long as they are less than 50% at fault. However, courts often apply a more lenient standard when evaluating a child’s actions, taking their age and capacity into account.

What Steps Should Parents Take After a Child Is Injured?

If your child is injured, acting quickly can protect their rights and build a strong case:

1. Seek Medical Attention

• Ensure your child receives prompt and appropriate care. Request detailed medical records to document their injuries.

2. Report the Incident

• Notify relevant parties, such as daycare providers, schools, property owners, or manufacturers.

3. Preserve Evidence

• Take photos of the accident scene, injuries, and any defective products. Collect witness statements if possible.

4. Contact an Experienced Personal Injury Attorney

• A skilled Illinois accident attorney can guide you through the legal process, negotiate with insurers, and advocate for your child’s best interests.

How Can John J. Malm & Associates Help?

At John J. Malm & Associates, we understand the unique challenges families face after a child is injured. Our team has extensive experience handling child injury cases, including:

• Investigating accidents to determine liability.
• Gathering evidence to support claims.
• Negotiating with insurance companies for fair settlements.
• Representing families in court when necessary.

We are committed to securing the compensation your family needs to cover medical bills, therapy, and other costs while ensuring your child’s future is protected.

Our Record: Advocating for Seriously and Fatally Injured Children

Below is a list of some of our cases advocating on behalf of children and families, highlighting our commitment to securing justice and compensation for those affected by serious injuries and tragic losses.

• Dog Bite Injury – Minor: We recovered $300,000 for a minor injured in a dog bite incident.
• Dog Bite Settlement for Six-Year-Old: We secured a $55,000 settlement for a six-year-old child bitten by a dog.
• Pedestrian Accident – Batavia, Illinois: We secured a $250,000 settlement for a teenager struck while crossing the street in Batavia, Illinois.
• Martial Arts Class Injury: We secured a $300,000 settlement for a minor injured during a martial arts class.
• Fatal Sports Injury Claim: Our law firm obtained a confidential settlement for the family of a 12-year-old boy who lost his life at a baseball game due to negligence.
• Burn Injuries in Apartment: We secured a $400,000 settlement for a child who suffered burn injuries due to a water heater that was set at an excessively high temperature.
• Gymnastics Injury: We recovered $190,000 for a teenage gymnast who suffered an ankle injury after landing on mislaid safety mats.
• Skateboarding Accident – Fatal: We recovered $100,000 (policy limits) in a wrongful death settlement for a teenager struck and killed on a skateboard.
• Dog Bite Injury: We obtained a $225,000 settlement for a child who sustained facial injuries in a dog attack.
• Burn Injuries from Fireplace Glass Shield: We obtained a $50,000 settlement for a child who suffered burn injuries after encountering a glass shield on a fireplace.
• Head-On Collision – Fatal: We recovered $100,000 (policy limits) on behalf of the family of a four-year-old who died in a sudden head-on crash.
• Dog Bite Injury – Pit Bull: We recovered $175,000 for a child who was bitten by a pit bull.
• Daycare Negligence: Our firm secured a confidential settlement for a baby who was being force-fed at a daycare center.
• Dog Bite Settlement for 10-Year-Old: We obtained a $60,000 settlement for a 10-year-old who was bitten by a pit bull.
• Dog Bite Injury – Pit Bull: We secured $125,000 for a child who was bitten by a pit bull.
• Fatal Truck Accident: Our attorneys won a $1.5 million settlement for a family whose child was tragically killed in a trucking accident.
• Vehicle Accident – Head Injury: $200,000 recovered for a teenager who suffered head injuries when the car she was sitting on suddenly drove away.
• Babysitter Incident: We obtained a confidential settlement on behalf of two young boys who suffered battery from a teenage neighbor.
• TikTok Video Injury: We recovered $115,000 for a teenager who suffered leg injuries while filming a TikTok video in a moving automobile.
• Football Field Injury: We recovered a confidential settlement for a minor injured while playing football on an unprotected sports field.
• Vehicle Passenger Injury: We secured a $225,000 settlement for a 10-year-old who suffered a laceration wound as a passenger in a vehicle accident.
• Martial Arts Instruction Injury: We secured a $125,000 settlement for a minor injured during martial arts instruction when an adult instructor struck him in the leg.
• Underage Driver Accident: We secured $125,000 in a settlement for a teenager who accepted a ride in a car driven by a 14-year-old that crashed.
• Fatal Car Accident: We recovered $3.9 million for the family of a teenager who was tragically killed in a vehicle crash.
• Neighbor-Related Injury: We reached a confidential settlement on behalf of two teenage girls who suffered battery from a neighbor.
• Football Field Injury: We recovered a confidential settlement for a minor who suffered a brain injury while playing football when he was returned to play outside IIHSA protocol for concussions.
• Bicycle Accident – Fatal: We obtained a $100,000 (policy limits) settlement for a minor who was struck and killed while riding a bicycle.
• Wrestling Practice Injury: We reached a $125,000 settlement for a minor who suffered an ankle fracture during wrestling practice when an adult applied excessive pressure to his leg.
• Pedestrian Accident: We recovered $250,000 in a settlement for a minor who suffered serious injuries when struck by a car while crossing the street.
• Bicycle Accident – Injury: We recovered $125,000 in a settlement for a seven-year-old who was struck and injured while riding a bicycle.
• Workplace Injury – Minor: We secured a confidential settlement on behalf of the parents of a 15-year-old girl injured by a supervisor at her place of employment.
• Vehicle Accident – Leg Injury: We recovered $70,000 for a teenager who injured his leg when a car he was sitting on suddenly drove away.

Preventing Childhood Injuries: Tips for Parents and Guardians

While accidents can’t always be avoided, these safety tips can reduce risks:

• Car Safety: Use age-appropriate car seats and ensure proper installation.
• Home Safety: Secure furniture, keep hazardous materials out of reach, and install safety gates.
• Sports Safety: Ensure children wear appropriate protective gear and follow safety rules.
• Supervision: Always monitor young children, especially around water or in unfamiliar environments.
• Product Research: Check recalls and reviews before purchasing children’s products.

Contact the Award-Winning Illinois Personal Injury Lawyers at John J. Malm & Associates

When a child is injured, the emotional and financial toll on families can be overwhelming. At John J. Malm & Associates, we are dedicated to fighting for justice and ensuring injured children and their families receive the care and compensation they need to recover and thrive.

“Advocating for injured children is one of the most meaningful aspects of our work.  Our team is committed to holding negligent parties accountable and helping families find hope and healing in the aftermath of a tragedy.” – John J. Malm, Naperville accident attorney

When a child is injured or fatally harmed, families need compassionate legal guidance and tenacious advocacy. Our firm’s track record speaks for itself: we have secured millions of dollars in settlements and verdicts for our clients, helping them obtain the resources they need to move forward. From covering medical expenses and therapy costs to compensating for long-term care or wrongful death, our attorneys are committed to achieving justice. If your family has experienced the unthinkable, you do not have to face this alone. Contact John J. Malm & Associates today for a compassionate consultation. With offices conveniently located in Naperville and St. Charles, we are here to help you. Let us help you navigate the legal complexities and fight for you and your child.