Springfield Child Injury Attorney
Injuries to a child are particularly tragic. They can alter the entire course of the child’s life. An experienced Springfield personal injury lawyer can help an injured child and his or her family receive compensation for current and future medical expenses and the loss of quality of life.
Our compassionate child injury attorneys are here to help. We have vigorously protected accident victims for more than 40 years. The attorneys at our firm are well-prepared to prove fault and hold negligent parties accountable. We will seek the maximum compensation possible to cover pain and suffering, hospital bills, surgery costs, and other medical needs. To discuss to the details of your case over a free consultation, contact our office today.
Why do you need an Attorney for a Springfield Child Injury Case?
If your child has been injured due to the careless or negligent actions of another person, business, or entity, you may be entitled to compensation. Unfortunately, these cases can become very difficult. An experienced Springfield child injury attorney from Kanoski Bresney will understand all aspects of these cases and work to recover the maximum compensation that your child deserves. Your attorney will:
- Obtain all evidence related to the incident, including accident reports, video and photo surveillance, eyewitness statements, and more.
- Ensure your child is evaluated by a trusted medical professional.
- Properly calculate the total damages, including medical costs, their pain and suffering, and even their parent’s lost income.
- Negotiate with the defendant(s) to arrive at a fair settlement for your child’s total damages.
- Prepare the case to trial if that is what it takes to secure the maximum compensation.
Springfield, IL Child Injury Claims
Personal injury cases involving children are complex and emotionally sensitive. Children are often injured with only other kids there to witness it. We carefully investigate accident scenes, offering expert testimony that backs up eyewitness accounts. We carefully review relevant police reports, medical records and other documentation to determine fault.
Our child injury lawyers have access to ample resources to fully prove fault in complex injury cases involving:
- Car accidents: During the latest reporting year in Illinois, there were more than 14,500 children under the age of 18 injured in car crashes. These incidents often happened due to another driver’s negligence (impaired driving, distracted driving, disregard for traffic laws, etc.).
- Pedestrian and bicycle accidents: Pedestrian and bicycle accidents harmed nearly 2,000 children under the age of 18 during the latest reporting year in Illinois. Often, these incidents happened in areas where the child had the right-of-way, including parking lots, driveways, and crosswalks.
- Slip and fall accidents: Property owners have a duty to ensure the safety of those who are allowed on their property. Unfortunately, there are times when wet floors or hazardous conditions cause a child to slip and injure themselves.
- Other premises liability injuries: Slip and fall injuries are not the only way children get hurt on other people’s property. Property owners must regularly inspect and maintain their premises to ensure there are no hazards that could cause a child harm.
- Defective products: All too often, a child is harmed due to a defective product. This can include toys, furniture, foods, beverages, medications, and more. Products can become defective due to poor designs, manufacturing errors, and labeling mistakes.
- Dog bite injuries: There are more than 4.5 million dog bites a year in the US, and children make up more than half of all dog bite injuries. Often, dog bite injuries occur due to the negligence of the dog’s owner.
- Swimming pool accidents and drowning: Property owners must ensure there are fences with locking gates around pools and hot tubs to prevent children from falling in and drowning.
- Wrongful death: Any time a child is killed due to the careless, negligent, or intentional actions of another person, that child’s family may bring a wrongful death claim.
Determining liability in a Springfield Child Injury Case
One of the most important factors in a child injury case is determining liability. Who is to blame for an injury to your child? Why is that important?
Without determining who is liable for your child’s injury, it is very difficult to secure the compensation they deserve. Determining liability usually involves an investigation by a child injury attorney. Your lawyer will look for negligence on the part of the suspected at-fault party.
Four Elements of Negligence
For incidents like car accidents and pedestrian crashes, your attorney will work to prove the defendant’s actions caused the crash and led to the injuries. For premises liability, product liability, and other similar cases, your attorney will work to prove the following elements of negligence:
- Proving that the defendant owed the plaintiff (the injured child) a legal duty of care.
- That the defendant breached their duty of care to the plaintiff.
- That the breach of duty by the defendant lead to the plaintiff’s injuries.
- That the plaintiff’s injuries caused quantifiable losses (lost income, medical bills, pain and suffering, etc.)
What is the statute of limitations for a child injury case?
In Illinois, there is generally a two-year statute of limitations in place. This means that victims of a personal injury have two years from the date the injury occurs to file a lawsuit against the negligent party. Any lawsuit filed after the two-year statute of limitations expires is generally dismissed.
However, if the person injured is under the age of 18 at the time of the injury, the statute of limitations of different. In these cases, a person has two years after the day they turn 18 to file a personal injury lawsuit against the negligent party.
In many cases, a victim’s parents or guardians usually file a lawsuit on behalf of their child after an injury occurs. However, in the absence of the parent not doing so, this extended statute of limitations allows a child the ability to recover compensation for what has happened to them on their own.
What kind of Compensation is Available for a Child Injury Case?
There are various types of compensation available to children in the aftermath of an injury caused by another person’s negligence. This includes both economic and non-economic damages such as the following:
- Coverage of medical expenses related to the injury
- The cost of expected future medical care
- Compensation for future lost earning capacity due to the injury
- Pain and suffering damages
- Loss of enjoyment of life damages
If the injury was caused by the gross negligence of the defendant or the defendant’s intentional actions, punitive damages may also be awarded.
How much compensation is available in a child injury case?
There is no set amount of money that is awarded for specific injuries. The amount that is awarded in a final settlement or verdict depends on a number of factors, including the severity of the injury and other factors related to the specific case.
For example, a child who suffers from a permanent disability or who is permanently disfigured due to their injuries will receive more compensation than a child who breaks their ankle but is expected to make a full recovery. For the case of the disabled child, factors like the loss of future income and life enjoyment must be considered when determining a fair settlement.
Will a trial be necessary for a child injury case?
The facts of the case will determine whether or not a trial will be necessary. In many cases, child injuries are settled through insurance payouts. However, if an insurance company refuses to make a fair settlement offer or denies a claim, it may be necessary to file a personal injury lawsuit.
A personal injury lawsuit could result in a settlement before the case goes to trial. If the evidence clearly pins the defendant as guilty for causing the injuries, the case may settle out of court. However, the defendant or their insurance carrier may decide to take the case to trial. If that happens, the same attorney who represented you in the settlement phase will present the case to court.
How much does a child injury attorney cost?
These cases are handled on a contingency fee basis. This means that you will not pay any out-of-pocket costs and will pay no legal fees until your attorney wins your case and is successful in securing the compensation you deserve for your child’s injury.
Seeking Maximum Compensation
Our Springfield child injury lawyers have served families throughout central Illinois for the past 40 years. We have obtained more than $400 million for accident victims. We offer a compassionate, yet aggressive approach to help families obtain maximum compensation. We effectively negotiate with insurance companies based on medical facts.
The child injury attorneys at our firm are well-prepared to take cases to trial if a fair resolution can not be obtained outside of court. Contact us at (217) 523-7742 to schedule a free initial consultation.