Chicago Child Injury Lawyer

Fighting for Maximum Compensation After a Child Is Injured in Chicago

At Chicago Injury Center, our Chicago child injury lawyer team is committed to protecting the rights of children and families affected by preventable accidents. We represent young victims whose lives have been disrupted by someone else’s negligence, working tirelessly to hold at-fault parties accountable.

Our experience has helped families secure the financial resources needed for medical treatment, long-term rehabilitation, and the support children deserve to rebuild their futures. Whether a child is injured in a car accident, at a daycare, or due to unsafe conditions, we are here to fight for maximum compensation.

Settlements & Verdicts Recovered by Our Law Firm in Chicago

• $7,150,000 Settlement – Eight-year-old Ava suffered a severe shoulder injury, including a torn rotator cuff and later RSD, after roofing materials fell from a Chicago construction site near her school. Liability was clear due to safety violations, and the long-term impact on her mobility increased the case value.
• $4,500,000 Settlement – Thirteen-year-old Liam sustained a traumatic brain injury in a rural Illinois ATV crash while visiting family from Chicago. The ATV was driven by a family friend, and evidence of unsafe operation combined with product defects led to a substantial settlement from multiple defendants.
• $1,500,000 Settlement – Three-year-old Maya broke her leg after being allowed inside a bounce house in a Chicago park with older children and teenagers. The lack of supervision, clear safety policy violations, and need for extensive rehabilitation contributed to the settlement amount.
• $575,000 Settlement – Ten-year-old Ethan was hit by a car backing out of a driveway in a quiet Chicago neighborhood, fracturing his leg. Witness statements and neighborhood speed concerns supported the claim, leading to a significant settlement for his medical expenses and recovery time.
• $375,000 Settlement – Three-year-old Sofia required facial surgery after a pit bull attack in a Chicago apartment complex. Permanent scarring, emotional distress, and prior complaints about the dog’s behavior were key factors in achieving this settlement.

Why Choose Chicago Injury Center

Families turn to our top-rated Chicago child injury lawyers because of our track record and recognition in the legal community. At Chicago Injury Center, we have recovered over $450 million for clients, including record-setting verdicts for injured children.

Our experienced attorneys are recognized by Super Lawyers, hold membership in the Million Dollar Advocates Forum, and have a 10/10 rating on Avvo. We offer compassionate, personalized representation while relentlessly pursuing the maximum compensation your child needs for a safer future.

What Are Common Causes of Child Injuries?

Children can be injured in many different settings, from schools and playgrounds to cars and medical facilities. While some accidents are unavoidable, many are the result of negligence by caregivers, property owners, drivers, or product manufacturers. Understanding the most frequent causes of child injuries can help families recognize when they may have a legal claim and take steps to protect their child’s rights.

Daycare Injuries

Daycare centers must provide a safe, supervised environment. Unfortunately, inadequate staffing, unsafe playground equipment, or failure to follow safety protocols can lead to serious harm.

School Negligence

Schools are responsible for student safety during classes, recess, and extracurricular activities. Injuries may result from inadequate supervision, poorly maintained facilities, or failure to address known hazards.

Medical Malpractice

Medical errors affecting children can have life-altering consequences. Misdiagnoses, surgical mistakes, birth injuries, and incorrect medication doses are examples of malpractice that may result in permanent disability.

Car Accidents

Car accidents are a leading cause of injuries to children. Whether the child is a passenger, pedestrian, or cyclist, negligent driving, distracted behavior, or defective vehicle parts can cause severe injuries.

Defective Toys or Playground Equipment

Poorly designed or manufactured toys and playground structures can cause serious injuries, including fractures, lacerations, and traumatic brain injuries. These injury cases often involve product liability claims against the manufacturer, retailer, or maintenance provider.

Drowning and Swimming Pool Accidents

Drowning is a leading cause of death among children in Illinois. Inadequate supervision, missing safety barriers, or defective pool equipment can all contribute to these tragedies. Property owners, hotels, or park districts may be liable when a child is injured or killed in a swimming pool accident due to their negligence.

Burn Injuries

Children are vulnerable to burn injuries from hot liquids, faulty electrical devices, or unsafe housing conditions. These injuries can lead to painful recovery, scarring, and emotional distress, impacting a child’s quality of life.

Dog Bites

Dog attacks can cause severe injuries, including deep wounds, infections, and disfigurement. Children are especially vulnerable due to their size and inability to defend themselves. Under Illinois law, dog owners are responsible for bites that cause injury, making it possible to file a claim for medical expenses and pain and suffering.

What Serious Injuries Can Children Suffer?

Children are especially vulnerable and can experience devastating harm in accidents caused by negligence. Traumatic brain injuries can cause lasting cognitive and physical impairments. Spinal cord injuries may lead to partial or complete paralysis. Fractures that disrupt bone growth can require multiple corrective surgeries.

Severe burns often result in disfigurement and emotional distress. Internal bleeding and organ damage can be life-threatening without urgent care. Psychological trauma, such as post-traumatic stress disorder, may affect a child’s social and academic life. In the most tragic cases, fatal injuries leave families with unimaginable grief.

What Damages Can Families Recover in a Child Injury Case?

When a child is injured due to someone else’s negligence, families may recover both economic and non-economic damages.

Economic Damages

Medical Expenses

Families can recover the cost of all necessary medical care, from emergency treatment after the incident to follow-up appointments, surgeries, hospital stays, and ongoing rehabilitation such as physical, occupational, or speech therapy. In severe cases, these expenses may extend for years or even a lifetime.

Specialized Education Services

If an injury causes cognitive or developmental challenges, families may need to invest in specialized education programs, tutoring, or one-on-one learning support to help the child keep up academically. Compensation can help cover these additional academic support costs to keep the child on track with their peers.

Adaptive Equipment and Home Modifications

Severe injuries can sometimes require significant changes to a child’s living environment, including ramps, stair lifts, widened doorways, or specialized furniture. Damages may also include the cost of mobility devices like wheelchairs or braces.

Loss of Future Earning Capacity

When an injury results in permanent disability or developmental delays that limit the child’s ability to work as an adult, families can seek compensation for the projected loss of lifetime earnings.

Non-Economic Damages

Pain and Suffering

Children may endure significant physical pain from their injuries and medical treatments. Damages in this category recognize the toll that suffering takes on their daily lives.

Emotional Distress

Accidents can leave lasting emotional harm, such as anxiety, depression, or post-traumatic stress. These effects may hinder social interactions, school performance, and overall well-being.

Loss of Enjoyment of Life

Some injuries prevent children from participating in sports, hobbies, and activities they once loved. Damages may address the loss of these meaningful experiences.

Loss of Companionship or Parental Guidance

In wrongful death cases, compensation may be awarded for the loss of a parent’s care, guidance, and support—or, in the tragic loss of a child, for the emotional void left behind.

Disfigurement or Physical Impairment

Permanent scarring, amputations, or reduced physical function can affect a child’s self-esteem, mobility, and opportunities. These damages account for the lifelong impact of these injuries.

What Is the Average Payout for a Child Injury in Chicago?

According to Law.com’s VerdictSearch, Chicago child injury payouts can range from $3,500 to over $100 million. The average award is $11,050,016, with a median of $2,065,000. These numbers reflect both settlements and jury verdicts, and each case outcome depends on unique circumstances.

Settlement amounts are often influenced by:

• The child’s age at the time of the injury
• Severity and type of injury
• Long-term medical needs and rehabilitation
• Impact on future earning capacity
• Clarity of liability and available evidence
• Degree of emotional and psychological harm

A top-rated Chicago child injury lawyer can assess these factors to determine a fair case value and fight for the compensation necessary to cover the child’s current and future needs.

Example Cases Filed in Cook County

• $38.3 Million Jury Award – During a white-out on I-90, the Yoder family’s SUV struck a tractor-trailer partially blocking a lane after a multi-truck collision. Four-year-old Teagan died instantly, her brother Zachary suffered severe brain damage requiring lifelong care, and their mother, Jerelyn, sustained massive facial injuries. Multiple trucking companies were found liable, resulting in a $38.3 million jury award to Jerelyn and her children.
• $18.4 Million Settlement – Daniel Donohue suffered cerebral palsy, spastic quadriparesis, and cortical blindness after alleged delivery and neonatal care errors at Palos Community Hospital. His parents claimed that negligent intubation and delayed treatment caused irreversible brain damage. The hospital and attending physician settled for $18.4 million to fund 24-hour lifelong care and therapy.
• $10 Million Settlement – Five-year-old Keonte Mitchell was playing in a high-intensity spray from an open fire hydrant in Chicago when a fire truck drove through without emergency signals activated, striking him and running over his right leg, which required amputation at the hip. His guardian and parents sued the city and firefighters, resulting in a $10 million settlement approved by the Chicago City Council.

Why You Need a Personal Injury Lawyer

Child injury cases can be far more complex than standard personal injury claims. They often involve multiple defendants, such as drivers, property owners, schools, or product manufacturers, as well as multiple insurance carriers, each working to limit their payout. When a child is injured, the court must often approve any settlement, and in many cases, structured settlements or special needs trusts are required to ensure the funds are available for future care.

A skilled personal injury lawyer can manage every aspect of the process, including gathering evidence, negotiating with insurers, and preparing the necessary legal filings. We work closely with life care planners and pediatric medical experts to assess the child’s long-term medical, educational, and personal needs. By accurately projecting future costs and impacts, we fight to secure a recovery that genuinely supports the child throughout their life, not just in the months after the injury.

How Common Are Child Injuries in Chicago?

According to the Illinois Department of Public Health, in 2014 alone, 841 Illinois children from birth to age five died from injuries. That same year, more than 111,000 children in this age group were treated for injuries at hospitals and emergency departments. For every child who died, 12 were hospitalized, and 939 were treated and released from the emergency department. These numbers do not include children who received care at a doctor’s office or at home, meaning the actual impact is even greater.

According to the University of Chicago Medicine, motor vehicle crashes are one of the most serious threats to children and teens. In 2021, 711 child passengers age 12 and younger were killed in motor vehicle accidents nationwide, and in 2020, more than 63,000 were injured. Among cases where restraint use was known, over 30% of children under 12 who died were not properly restrained. Drowning is the second leading cause of unintentional injury death for children ages 1 to 14.

These tragedies can occur in lakes, pools, bathtubs, and even buckets of water. Infants and toddlers can drown in as little as one inch of standing water, making constant supervision and safety measures essential.

Where Do Child Injuries Occur Most Often in Chicago?

Child injuries in Chicago can happen almost anywhere, but certain locations see more incidents than others. Public and private daycares, such as those licensed by the Illinois Department of Children and Family Services, may pose risks when staff fail to provide adequate supervision. Chicago Public Schools and suburban school districts can face liability for injuries caused by unsafe premises or a lack of oversight.

Public playgrounds and city parks, including those maintained by the Chicago Park District, may have defective or poorly maintained equipment. Intersections near schools and residential areas, like those in Lincoln Park or Hyde Park, are common sites for pedestrian and bicycle accidents.

Apartment complexes and multi-family buildings, such as CHA properties, can be dangerous if landlords neglect safety. Even children’s hospitals and clinics, including Lurie Children’s Hospital, have seen medical malpractice cases when care falls below acceptable standards, leading to preventable harm.

What Laws Govern Child Injury Claims in Chicago?

Illinois’ Joint Tortfeasor Contribution Act (740 ILCS 100/) allows fault to be shared among multiple negligent parties in a child injury case. If more than one defendant contributed to the injury, each may be responsible for their share of damages. This is especially relevant in complex incidents, such as multi-vehicle crashes or accidents involving several entities, where a Chicago child injury lawyer can pursue compensation from every responsible party to maximize the recovery for the injured child and their family.

735 ILCS 5/2-21 allows families to bring forth product liability claims when defective children’s products cause harm. This may include unsafe toys, cribs, strollers, or playground equipment. Manufacturers, distributors, and retailers can be held liable if a defect in design, manufacturing, or warning labels results in injury.

Under Illinois’ Premises Liability Act (740 ILCS 130/), property owners must maintain safe premises for lawful visitors, including children. The attractive nuisance doctrine holds owners accountable for hazards likely to draw children—such as swimming pools, abandoned buildings, or unsecured construction sites—even if the child entered without permission. If unsafe conditions cause injuries to children, the property owner may be required to cover medical costs and other damages.

The Wrongful Death Act (740 ILCS 180/) allows parents or legal guardians to recover damages when a child dies due to another’s negligence or wrongful act. Compensation may cover funeral expenses, loss of companionship, and the emotional devastation caused by losing a child.

How Long Do I Have to File a Child Injury Lawsuit in Illinois?

Illinois’ Statute of Limitations for Personal Injury (735 ILCS 5/13-202) gives two years from the date of the injury or its discovery to file a lawsuit.

When the injured person is a minor, Illinois extends the filing deadline to eight years from the date of the injury, but never beyond their 22nd birthday (735 ILCS 5/13-211). This gives families more time to pursue a personal injury claim for long-term or delayed effects.

If a child’s injury results in death, families generally have two years from the date of the child’s passing to file a wrongful death claim under 740 ILCS 180/.

Who Is Legally Liable for Child Injuries in Chicago?

Several parties may be held legally responsible in a child injury case.

• Daycare centers can face liability if poor supervision, unsafe equipment, or failure to follow safety rules leads to harm.
• Public and private schools, including Chicago Public Schools and suburban districts, may be accountable for injuries caused by hazardous premises or staff negligence.
• Medical providers, such as physicians, nurses, and hospitals, can be sued for malpractice when treatment errors cause lasting damage.
• Drivers involved in car accidents that injure children—whether the child is a passenger, pedestrian, or cyclist—can be held liable.
• Landlords or property managers may be responsible if dangerous conditions on their property injure a child, especially hazards covered under the attractive nuisance doctrine.
• Toy and equipment manufacturers can also be held accountable through product liability claims when defective products or playground structures cause injury.

Common Defenses in Chicago Child Injury Cases

In many child injury cases, defendants attempt to limit or avoid liability through specific legal defenses.

One common tactic is alleging parental negligence, claiming the parent or guardian failed to provide adequate supervision. In product liability claims, manufacturers argue that the product was used in an unsafe or unintended way. Governmental immunity can shield public entities—such as Chicago Public Schools or the Chicago Park District—from certain lawsuits unless strict procedural requirements are met.

Defendants may also claim failure to mitigate damages, arguing that parents did not seek prompt medical treatment or follow care recommendations. Our legal team is ready to challenge each defense using expert testimony, safety inspection records, maintenance logs, and comprehensive medical evidence. With a skilled Chicago child injury lawyer, the focus remains on proving the at-fault party’s negligence, not shifting blame onto the family.

How to Strengthen Your Child’s Injury Case

Taking the proper steps after an accident can make a significant difference in the outcome of a child injury claim. Seek immediate medical care and keep thorough records of all diagnoses, treatments, and expenses. Photograph the injuries, the accident scene, and any defective products or unsafe conditions involved.

Collect contact information for witnesses, staff, or anyone who saw what happened. Keep a journal documenting emotional, behavioral, or developmental changes in your child following the injury. Never sign a release form or accept a settlement offer without having a child injury lawyer review it to protect your family’s rights.

How a Chicago Child Injury Attorney Can Help

A skilled Chicago child injury lawyer coordinates every aspect of your case to protect your child’s future. This includes working with pediatric specialists, rehabilitation experts, and life care planners to fully understand your child’s long-term needs. We can prepare structured settlement plans or special needs trusts to ensure financial stability through adulthood.

When insurance companies deny claims or delay payment, we can challenge them and, if necessary, take the case to court. We handle all legal filings, meet deadlines, and obtain court approvals required for minors’ settlements. Most importantly, we focus on securing the resources your child needs for ongoing medical care, therapy, education, and quality of life, allowing you to concentrate on your child’s recovery.

FAQs

How much does a Chicago child injury attorney cost?

At our law firm, hiring a Chicago child injury attorney costs nothing upfront. We work on a contingency fee basis, which means we only receive payment if we recover compensation for your family. Our fee is a percentage of the settlement or verdict, agreed upon before representation begins.

Who can file a claim on behalf of a child in Illinois?

Under Illinois law, a parent or legal guardian may file a personal injury claim on behalf of a minor. If the child has no parent or guardian available, the court can appoint a representative. This ensures that the injured child’s legal rights are protected and any compensation recovered is managed responsibly, often with court oversight. The representative is responsible for working with a child injury lawyer to prove negligence, document damages, and obtain approval for any settlement, ensuring the funds are used for the child’s medical, educational, and future needs.

Can a public school be liable for a child’s damages?

Yes, but there are significant limitations. Under the Illinois Local Governmental and Governmental Employees Tort Immunity Act, Chicago public schools are generally protected from certain negligence claims. However, exceptions exist for willful or wanton conduct—behavior that shows reckless disregard for student safety. This could apply in cases involving dangerous school conditions, ignored safety warnings, or grossly inadequate supervision. Proving this higher standard requires strong evidence, such as witness statements, safety reports, and prior incident history. An experienced Chicago child injury lawyer can assess whether your child’s case falls within these exceptions and pursue a claim accordingly.

Can a child be responsible for their own injury?

Illinois applies the Comparative Negligence Law (735 ILCS 5/2-1116), which allows fault to be shared between parties. However, the “tender years” doctrine generally prevents very young children—typically under the age of seven—from being found legally at fault. For older children, a court may consider whether they acted as a reasonably careful child of similar age, intelligence, and experience would have under the circumstances. If the child is found partially at fault, their compensation can be reduced in proportion to their share of responsibility, but if they are more than 50% at fault, recovery is barred.

How do you prove negligence for a child injury?

Proving negligence in a child injury case requires showing four key elements. First, the defendant had a legal duty of care toward the child, such as a daycare’s responsibility to supervise or a driver’s obligation to obey traffic laws. Second, that duty was breached—for example, by failing to maintain safe conditions. Third, the breach directly caused the injury. Finally, the child suffered measurable damages, such as medical expenses, pain and suffering, or loss of enjoyment of life.

Do children need to testify in court?

Not always. Many child injury cases settle before trial, avoiding the need for a child to testify. When testimony is necessary, the court takes steps to protect the child’s well-being, such as allowing closed-circuit video testimony, a supportive adult’s presence, or questioning in a less formal setting. The decision depends on the child’s age, maturity, and the importance of their account to the case. A skilled Chicago child injury attorney will work to minimize any stress for the child and may rely on other forms of evidence whenever possible to avoid putting them through a difficult court experience.

Who can file a wrongful death claim in Illinois?

Under the Illinois Wrongful Death Act (740 ILCS 180/), the personal representative of the deceased child’s estate files the claim. Typically, this is a parent or legal guardian. The claim seeks damages for surviving family members, including funeral expenses, loss of companionship, emotional distress, and, in some cases, punitive damages.

Book a Free Case Review to Understand Your Legal Options

If your child has been injured, you don’t have to face the legal process alone. The experienced Chicago child injury lawyers at our law firm are committed to helping families recover compensation for medical expenses, pain and suffering, and long-term care needs. We offer a free consultation to review your case, explain your legal rights, and outline the best path forward. Contact us today to schedule your free case review and get the answers you need to protect your child’s future.