How Does Illinois Law Handle Personal Injury Claims for Minors?

Children who’ve been injured because of the actions of others have the same right to compensation that an adult would in the same circumstances. However, as children have not yet reached the age of majority, they do not have standing to bring lawsuits on their own. A personal injury attorney can help a family understand their child’s rights to pursue financial recovery and what this process may entail.

Legal Rights of Minors in Personal Injury Cases

A “minor” is someone who has not reached the age of adulthood – 18 years old. Adulthood confers various rights on an individual, including the right to handle one’s legal affairs. As a result, minors cannot make legal decisions, such as whether to file or settle a personal injury claim. Nevertheless, the law gives minors the same right as adults to seek compensation for injuries sustained in accidents caused by others’ negligence or fault. However, because a minor cannot file a personal injury lawsuit, a responsible adult, such as a parent or guardian, must do so on the minor’s behalf.

Statutes of Limitations for Minors

Under Illinois’ statute of limitations on personal injury claims, an injured victim typically has two years to file a lawsuit against the party or parties responsible for their injuries or losses. However, for injury claims against the state or a local government, an injured person must provide the government with notice of their claim within one year of their injury.

Illinois law recognizes that the statute of limitations may pause or “toll” in particular situations, such as when a claimant cannot file their claim due to a physical or legal disability. The law considers a minor as having a “legal disability” since they cannot file lawsuits. As a result, the statute of limitations tolls for a minor’s personal injury claim until the minor’s “legal disability” ends when they turn 18 and gain the legal right to file a lawsuit. Thus, a minor has two years from their 18th birthday to file a personal injury claim other than a medical malpractice claim; for medical malpractice claims, a minor has eight years from the date they received negligent treatment or until their 22nd birthday to file a lawsuit, whichever occurs first.

The Role of a Parent or Guardian in a Minor’s Personal Injury Claim

A minor may need prompt medical treatment for injuries sustained in an accident, which may make it impractical for the minor to wait until they turn 18 to file a personal injury lawsuit. Fortunately, Illinois allows parents or guardians to pursue personal injury claims on behalf of children as a child’s guardian or next friend.

Compensation Available for Minors

A personal injury claim can provide a minor with compensation for past, ongoing, and future expenses or losses, such as:

• Costs of medical treatment and rehabilitation
• Costs of long-term disability care
• Costs of special education services, such as tutoring to make up missed time from school or support a minor who develops cognitive limitations due to injuries
• Physical pain and anguish
• Emotional trauma and distress
• Lost quality of life due to physical disabilities or visible scarring/disfigurement that interferes with activities or causes humiliation or embarrassment

Court Approval of Settlements for Minors

In Illinois, a parent or guardian who negotiates a settlement of their minor child’s personal injury claim must obtain court approval of the settlement. A parent or guardian must file a verified petition to approve the settlement in probate court or with the trial judge presiding over the minor’s personal injury lawsuit. The law requires a minor’s representative to post a bond equal to one-and-a-half or two times the likely settlement amount, although courts can waive the bond requirement for good cause.

Can a Minor File a Lawsuit as an Adult?

Although a minor and their family can wait until they turn 18 to let them pursue their personal injury claim, various circumstances may make it impractical to wait to pursue a minor’s claim. For example, the minor and their family may incur substantial expenses due to the minor’s injury, including medical treatment, disability care, or special education services. Pursuing a personal injury claim during the minor’s childhood can help their family recover the financial resources needed for the child’s care.

However, minors may wait to reach adulthood to pursue their personal injury claims in certain circumstances, such as a minor in foster care who does not have a parent or permanent legal guardian, a minor who has become estranged from their parents, or a minor whose parents have separated and have a contentious relationship.

Contact a Personal Injury Lawyer Today

If your child has been hurt in an accident due to somebody else’s legal fault, contact The Law Offices of Goldfine & Bowles, P.C. today for a free, no-obligation consultation. Our attorneys are standing by to discuss your rights and options under Illinois law.