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Free consultation – (312) 236-2900

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Chicago Personal Injury Blog

How to Obtain Compensation If Your Child Was Injured in a Car Accident

by Jared Staver in Auto Accidents, Personal Injury

As parents, there is nothing more important than the safety of your child. Having a child injured in a car accident can be an overwhelming experience. If your child was injured in a car accident, you need a skilled and compassionate legal advocate. Our lawyers understand how an injury can impact the life of your child, and can help parents seek compensation from the negligent party.

If your child has been injured in a car accident due to the recklessness of another driver, contact Staver Accident Injury Lawyers, P.C. to discuss your options with a knowledgeable lawyer. Call us today at (312) 236-2900.

Dangers Children Face On The Roadways

The National Highway Traffic Safety Administration (NHTSA) states that car accidents are the leading cause of death for children between the age of 3 and 14 years of age. In addition, up to 46 percent of fatal accidents involving children involved those who were not properly restrained.

Common injuries small children are exposed to in a car accident include:

  • Brain damage
  • Spinal injuries
  • Damage to the abdomen due to contact with their restraint
  • Throat and thorax injuries
  • Neurological issues, which may not appear for some time after the accident

How to Successfully Pursue Damages For Your Child

An attorney fighting for your child will have to build a case that can be taken to court while also negotiating with the insurance companies involved. While most accident injury claims settle outside court with the insurance providers, an experienced attorney understands that a case must be prepared for court in the event that the insurance companies do not provide sufficient and fair compensation. In addition, your child’s injury case may require your lawyer to:

  • Interview witnesses of your accident.
  • Request proper evidence from law enforcement.
  • Study accident reconstruction data to determine who was responsible for your child’s injuries.
  • Seek and consult with doctors and other medical professionals in order to make sure that your child receives proper medical attention in order to properly present your medical expenses to the insurance provider.
  • Negotiate proper compensation from the insurance companies in a timely fashion.
  • Prepare for a trial if necessary, and discuss the details with the judge and opposing lawyers.

Often times, people are concerned about seeking damages for their child since they themselves could be found partially responsible. Illinois comparative negligence law allows for the injured family to recover damages even if they are found to hold some responsibility in the accident.

The Illinois comparative negligence law has a 51 percent bar, which means you cannot recover compensation if you are found to hold 51 percent or more of the responsibility for the accident. Your lawyer will work to help ensure that you recover all of the damages necessary to help your child, even if there is confusion over the causes of the car accident.

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

Having an injured child can be overwhelming. So, it is important to have all the necessary support during your child’s recovery. Seeking compensation requires extensive investigations as well as negotiations with the insurance companies involved. It is important that your attorney is prepared to go to trial if your family is offered an inadequate settlement. Due to Illinois statute of limitations which can result in your case being dismissed if filed too late, it is important to seek legal counsel as soon as possible after an accident.

To speak with an experienced lawyer about your child’s injuries following a car accident, contact Staver Accident Injury Lawyers, P.C. today. Call us at (312) 236-2900 to set up a free and confidential consultation.