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Illinois Child Injury Accident FAQ's

Child Injury FaqsRosenfeld Injury Lawyers LLC represents children with mild to severe injuries suffered in accidents such as motor vehicle collisions, school-related accidents, playground events and other types of professional negligence. Our law firm has collected a series of child injury accident FAQs related to the medical and legal aspects of an accident involving children who have been injured through another's negligence. Should you have additional questions, we invite you to contact our office for a free review of your legal rights.

Child Injury Accident Frequently Asked Questions

Children can be injured anywhere including at school, daycare, playgrounds, camp, foster homes, at play in the neighbor's yard or as a passenger in vehicles. Children can become the victim of medical malpractice, pedestrian accident, bicycle crash, dog bite, unfenced pools, defective amusement park equipment, pedestrian injury, backyard accident, unsafe product, electrocution, car seat failure, birth injury, broken toy, unlocked weapon, school bus injury, negligent caretakers, sexual assault and abusive adults.

The child injury attorneys at Rosenfeld Injury Lawyers LLC have compiled a comprehensive list of the most frequently asked questions involving personal injury cases and wrongful death lawsuits and posted the answers below. Many families use this information to determine how to take legal action for justice and to obtain the financial compensation they deserve for their injuries and damages.

What are the common injuries children sustain in accidents?

Our attorneys have represented many families and their children who sustained severe injuries caused by the negligent actions of others. Some of these injuries include:

  • Traumatic brain injury (TBI)
  • Shaken baby syndrome
  • Fractures and broken bones
  • Scalding burns
  • Spinal cord injury (SCI)
  • Psychological damage caused by trauma, mistreatment, negligence or abuse
  • Congenital disabilities caused by medical malpractice
  • Internal organ damage
  • Traumatic response after taking defective medications
  • Symptoms associated with child abuse

My child sustained an injury at daycare. What can we do?

Our child accident injury attorneys recommend that you take your child to urgent care or an emergency room to receive immediate medical attention. The doctor can perform a comprehensive physical examination and order the appropriate tests to correctly diagnose your child's injuries to provide the proper treatment for healing.

Next, it is imperative to report the event to the appropriate agency and the local police who will file an accident report and provide you with a copy. Be sure to take photographs of your child's injuries and obtain the name and contact information of every witness. Our daycare injury attorneys can provide you with legal assistance and advice on how to hold the facility and others responsible for your child's injuries financially accountable.

What is shaken baby syndrome?

Doctors and law enforcement recognize that shaken baby syndrome is child abuse. The condition is caused by shaking a baby by the shoulders, legs or arms or throwing the child against an object. Typically, the syndrome causes significant, permanent brain damage.

My child was injured while swimming in the neighbor's pool. Who is legally responsible?

According to the CDC, at least one child is involved in a pool accident every day, where the potential risk of injury increases during the hot sunny days of summer and in the winter when the temperature begins to freeze water.

Neighbors responsible for pool safety may be found financially and legally at fault if they failed to:

  • Install and maintain appropriate fencing that surrounds the pool area.

  • Maintain appropriate drain safety pool equipment.

  • Ensure that adults continuously supervised all children in and around the pool.

Our afterschool caregiver inappropriately touched my child. What can we legally do?

Child sex abuse is a genuine problem and a concern for every parent. To prevent the potential for abuse, never hire any caregiver or babysitter to provide care for your child without conducting a comprehensive background check.

If your child has been inappropriately touched, you need to file a police report and inform the caregiver's employer of what you believe occurred. While this might seem like an extreme measure, protecting your child from the exposure of abusive adults is required. Your child is a precious gift and worthy of an investigation if you suspect abuse has occurred.

My child was injured in a school bus accident. Can we sue the School District?

Probably. Many school bus accidents are the result of a negligent driver who was operating the bus while impaired, distracted, or when texting, talking on the phone, or drinking/eating. If your child was injured while getting on or off the bus, riding on the bus, or walking near the bus, you might be entitled to file a lawsuit against the driver, bus company, school district, and other entities legally at fault for your child's injuries. Our attorneys will determine the unique circumstances of your case and perform a comprehensive investigation to determine what happened.

My child was injured while playing with a toy. Is this a valid compensation case?

Hearing about a child's severe injury or death who was harmed by merely playing with their toy can be heartbreaking. Unfortunately, even with tightened federal regulations, toy manufacturer still design, market and sell dangerous toys to unsuspecting families. Typically, the design or manufacturing defect is not recognized until after the toy has caused significant health issues or the death of children.

The child injury attorneys at Rosenfeld Injury Lawyers LLC fight aggressively on behalf of families to hold negligent toy designers, manufacturers and product distributors legally responsible and financially accountable for killing or injuring children.

My child died through the actions of others. Can we still file a claim against those at fault?

Yes, Illinois provides a legal remedy by filing a wrongful death lawsuit pursued by the decedent's parents or a court-appointed adult representative. The suit is based on recovering monetary damages involved with the child's death including emergency room expenses, hospitalization costs, medical bills, pain, suffering, grief, mental anguish, emotional distress, attorney's fees, and funeral and burial costs.

By filing a wrongful death lawsuit, your family receives compensation for the loss of your child and calls attention to the negligent or intentional acts of those responsible for their death. Your actions in successfully resolving a wrongful death lawsuit might prevent the death of many children in the months and years ahead.

Our family doctor misdiagnosed my child's serious medical condition. What can we do?

Medical malpractice can produce catastrophic consequences, especially when the doctor's mistake harms or kills a child through a medical error or misdiagnosis. You have the right to file a claim for compensation or misdiagnosis lawsuit to hold those responsible for the progression of your child's condition that led to preventable harm or death.

Our medical malpractice attorneys can handle your claim of misdiagnosis. Our legal team will investigate what happened to identify every party at fault. Potential defendants in a lawsuit or compensation claim could include the doctor, nurse, hospital, medical center, outpatient center, urgent care center, diagnostician, and those responsible for ordering the appropriate tests and exams for a proper diagnosis. Laboratory technicians, x-ray technicians, and others performing comprehensive tests might also be included in the lawsuit.

Our child was deprived of oxygen during the birthing process. Can we file a medical malpractice claim for compensation?

Yes. Many children diagnosed with cerebral palsy and other oxygen deprivation injuries at birth suffer a lifetime of challenges caused the medical team care during the baby's delivery. The Illinois civil court system provides legal remedies for families facing the substantial financial burden of raising a child with cerebral palsy, or other life-altering condition that could have been prevented had the medical team provided an established standard of care.

Is filing a lawsuit against those at fault the only way for our family to be compensated?

No. In fact, most child injury cases that resulted in severe injuries and death are resolved through a negotiated out of court settlement. Typically, the only claims that progress to a filed lawsuit involve insurance companies that refused to pay the injured child, or surviving family members, the financial compensation they deserve.

If we file a lawsuit, will my child be further traumatized when presenting testimony?

Typically, no. Usually, the court system limits the child's involvement in resolving the case. Generally, adults, including the child's parents, will provide evidence and testimony through depositions and in court if the case goes to trial. Our child injury accident attorneys are sensitive to your concerns of protecting your child and fight aggressively to minimize their participation in the case.

Can we wait to file a claim for compensation?

Not really, conducting a prompt investigation can ensure that all the evidence available to prove your case is preserved. Our attorneys will investigate the scene of the accident, speak to eyewitnesses and review medical records to fully understand exactly what happened and who is at fault for your child's injuries. If you wait too long to file a claim or lawsuit, witnesses can forget what happened and evidence could be lost. Time is of the essence. Contact our law offices today at (888) 424-5757 to schedule a free, no-obligation consultation. Let us discuss your legal options on how to proceed.

The claims adjuster offered us a settlement check. Should we accept the money?

Probably not. If your family accepts the first offer through the insurance company by settling too quickly, you are likely being underpaid for your long-term medical problems and financial burdens associated with your child's injury. Instead, considering contacting our law offices at (888) 424-5757 to discuss your case. We can handle every aspect of your claim for compensation and speak with the claims adjuster, the insurance companies law firm, or the defendant's attorneys during the negotiation process.

Is hiring a lawyer necessary?

If your child suffered injuries or died by the negligent actions of others, it is a good idea to speak with an attorney. A lawyer working on your behalf can determine the extent of your child's injuries, the length of time you must file a claim and ensure that all the necessary documentation and paperwork is recorded in the appropriate county courthouse before the state statute of limitations expires.

How much will your law firm charge to review my case?

Our law firm provides every potential client a no-obligation, initial case consultation at no charge. Call our law offices today at (888) 424-5757 to schedule an appointment. Let our team of attorneys discuss your case with you, listen to your complaints, and provide numerous legal options on how to ensure your family receives the financial compensation they deserve.

Our child's medical bills are skyrocketing. We can't afford an attorney. What can we do?

If you suspect that your child's injuries were the result of the negligent actions of another individual, entity, government agency or business, and have no money to hire an attorney, Rosenfeld Injury Lawyers LLC can help. Our law firm accepts every compensation claim through contingency fee arrangements. This agreement postpones the payment of all our legal services until after we have successfully resolved your case through a negotiated settlement or a jury trial award.

We encourage you to contact our child accident law office today by calling (888) 424-5757. Speak with our representatives to schedule your no-obligation, comprehensive case evaluation. We provide every client a “No Win/No-Fee” Guarantee, which means if we are unable to secure financial compensation on your behalf, you owe us nothing. All information you share with our law offices will remain confidential.

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Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa