It’s understandable for a parent to seek justice if their child is injured due to someone else’s reckless or negligent conduct. In many cases, parents can recover compensation for the child’s medical bills and associated costs. Personal injury in Rockford, Illinois law is a bit different for children than it is for adults, and parents should know the key differences as they move forward.
Children Can’t File Their Own Claims
Even if a child is a high school student and they seem competent enough to handle their own affairs, a person under 18 cannot negotiate a claim. It’s the parent’s or guardian’s job to file the suit in the child’s name. One benefit of this is that the parent can gain compensation for the expenses they’ve incurred on the child’s behalf.
Parents Can File Causes of Action for Their Children
In some areas, parents must get the court’s permission to file a claim on a child’s behalf. However, Illinois has no such requirement. Parents have the legal right to file a suit and hire an attorney if their child has suffered a personal injury in Rockford, Illinois.
Trespass Rules Are Different in Cases Involving Children
If an adult was hurt somewhere they didn’t have permission to be, they’d likely only recover damages under limited circumstances because trespassing absolves property owners of liability. However, if a child trespasses, the family may be able to get compensation if the owner was aware of a dangerous condition and the risk of trespassing by children. For instance, the family of a toddler who drowns in a neighbor’s pool could file a wrongful death claim if that neighbor didn’t put up a pool fence to keep children out.
Minors’ Negligence Is Determined by Age
As in the above example, adults have a hard time gaining compensation for their injuries if they’re deemed to have contributory negligence. However, a child can’t be held to a similar standard because their brain hasn’t fully developed and they lack the mental capacity of an adult. In evaluating a child’s personal injury in Rockford, Illinois, the child’s negligence is assessed based on the behavior of children the same age.
An accident is traumatic for anyone, but they can be especially serious for children. To learn more about filing a personal injury claim on a child’s behalf, call the office or visit our website today.
