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Can Children Recover Compensation After a Car Accident?

Written by Jared Staver

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Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Auto Accidents

Car accidents are traumatic for everyone involved. Between the shock of the initial impact and the pain and suffering caused by injuries, roadway collisions are known for causing heartache. As devastating as these events can be, they are infinitely worse when a child is involved. Children are far more fragile than adults, and they are more likely to sustain an injury in the event of a car crash. If your child has been hurt in a car accident, it may be possible to seek funds from those who are responsible.

While all personal injury lawsuits share similarities, those involving children can be complicated. For one thing, children need the help of an adult to seek funds. There are also different standards related to negligence and the losses that can be pursued. Our accident lawyers at Staver Accident Injury Lawyers, P.C. take your child’s injuries very seriously. We will do whatever it takes to help you cover the costs of your recently acquired financial burden.

To find out more, call (312) 236-2900 now.

Personal Injury Claims Involving Children

Obtaining compensation for a child’s injuries requires months of preparation and an understanding of civil suits involving minors. In Illinois, a child who is injured in a car accident is unable to file a personal injury lawsuit. Instead, a parent or legal guardian must do so on their behalf. The only exception to this rule is when an older child has been emancipated. It is also important to realize is that the standards of negligence in a personal injury case are different when the victim is a child. When an adult is hurt in a car crash, they may not be able to file a lawsuit if they were more than 50 percent at fault. Children, however, are mentally underdeveloped and may be labeled as blameless. Liability is typically determined on a case-by-case basis dependent upon all of the facts.

In a personal injury case, damages, or different forms of compensation, are often sought by the victim. When a child is injured, they are unable to pursue certain losses, such as lost wages. However, they may be able to seek funds for loss of enjoyment or the elimination of future occupations that result from a permanent disability. In addition, the judge may assign a Guardian Ad Litem to review a settlement agreement that has been reached by both parties. In most cases, these volunteer attorneys are only called upon when a settlement has not been deemed fair and reasonable by a judge.

Where Will the Money Go?

When a child is awarded funds during a personal injury lawsuit, they may not be immediately available. While parents may be allowed to pay for things like medical bills and rehabilitation, compensation that is awarded for pain and suffering and similar losses may be held in a trust account with the county clerk. In most cases, access to these funds will be granted when the child turns 18. However, in some instances, the funds may be made available for use by the child’s parents. When this happens, the parents are required to use the funds for the child’s well-being.

How Staver Accident Injury Lawyers, P.C. Can Help

When taking legal action in the form of a personal injury lawsuit, it can be tempting to go it alone. However, an experienced attorney can give your case a much greater chance of success. Beyond handling the paperwork and legal processes, a lawyer can be vital in proving that your child’s injuries were caused by another person. They can also help you negotiate settlement offers so that you are not taken advantage of.

At Staver Accident Injury Lawyers, P.C., our highly skilled attorneys have helped many people recover compensation for their injuries. Our car accident attorneys serve clients throughout the Chicago area, including Aurora, Elgin, Hinsdale, Joliet, Naperville, and Waukegan. Whether it involves analyzing existing evidence or launching a full-scale investigation, they will work tirelessly to seek justice for you and your child.

If you would like a free consultation for your case, call (312) 236-2900 today.

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(312) 236-2900
(312) 236-2900
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