Children and Car Accidents in Illinois

Item: Salvi, Schostok & Pritchard P.C.
Rating: 5
Author: Heather Boston

National car accident statistics show an increase in child injuries and fatalities from crashes. Children involved in car accidents can sustain severe injuries even if they were properly secured in a child safety seat or booster seat, as state law requires.

If your child was injured in a car crash, you need a Chicago car accident lawyer by your side. At the law firm of Salvi, Schostok & Pritchard P.C., we understand that navigating the legal process comes second when your child is injured. Let us handle your case while you prioritize your child’s health and their road to recovery.

How an Experienced Chicago Car Accident Lawyer Can Help

We understand the helpless feeling you may be experiencing when your child is hurt, and we want you to know you are not alone.

Salvi, Schostok & Pritchard P.C. has extensive experience handling claims involving passenger injury in motor vehicle crashes in Illinois for both children and adults. Our track record speaks for itself. For example, we obtained a $33.2 million verdict for a man who was in a car accident.

Our personal injury lawyers can handle your child’s serious injury claims by:

Swiftly initiating and conducting a thorough investigation of the accident
Building a robust case to demand maximum compensation
Negotiating with insurance companies for a full and fair settlement
Taking the case to trial if necessary to seek a favorable verdict

Common Injuries Child Passengers Suffer in Car Accidents

The CDC reports that in a recent year, 711 child passengers ages 12 and younger were killed in motor vehicle accidents, with more than 63,000 others injured. Because kids are smaller than adult passengers and their bodies are still developing, they face a higher risk of injuries despite using a rear-facing car seat, a forward-facing car seat, a booster seat, or a seat belt, depending on the child’s age and weight.

As with any car accident, the nature and severity of the collision will contribute to the extent of the injuries. Some common severe injuries suffered by children in car crashes that may warrant child injury compensation include:

Head and neck injuries – Just like adults, children can also suffer traumatic brain injuries (TBIs), concussions, whiplash, and skull fractures. Whiplash and other soft-tissue injuries are also common.
Broken bones – If a child anticipates the collision and attempts to brace for impact, they may fracture an arm, wrist, or foot. More serious injuries include spinal cord fractures or a broken pelvis.
Cuts and abrasions – Children can suffer deep cuts or lacerations if the vehicle’s windows break in the collision or if the child contacts jagged metal, for example. Deep cuts can result in scars and disfigurement.
Mental distress – Being involved in a crash can be extremely traumatizing to a young child, especially if they are injured. Psychological damage, including post-traumatic stress disorder (PTSD), can cause anxiety, nightmares, and insomnia.

Symptoms to Look for After a Car Accident Involving a Child

Be sure to closely monitor your child for injury symptoms immediately after the accident. Pay close attention to any heavy or abnormal breathing, unusual speech, or bleeding from the mouth or nose, all of which could indicate the need for emergency medical attention.

Regardless of whether your child is seen by an EMT at the scene or evaluated at an emergency room, follow up with the child’s pediatrician a few days after the accident to ensure no injuries or conditions have developed.

You should also evaluate your child for the following additional symptoms following a car accident:

Headaches – A slow-developing headache may indicate a more significant head injury, such as a concussion or whiplash.
Back pain – Your child may have injured the ligaments or nerves in their back if they complain of back pain after the accident.
Abdominal symptoms – Unusual bloating or swelling around your child’s midsection without pain can signal internal bleeding, which can be life-threatening if untreated.
Emotional changes – If you notice changes in your child’s emotional state or personality, seek medical attention to assess whether they sustained a TBI in the accident.

Legal Steps to Take If a Child Is Injured

If your child was injured in a car accident that someone else caused, you can pursue money for their injuries and related financial losses from the at-fault party. Illinois’s at-fault car accident laws mean that you must demonstrate that the other party’s negligence caused your child’s injuries. For example, a violation of one of the rules of the road contained in the Illinois Vehicle Code could support your claim that the other driver was at fault.

Our attorneys have extensive experience handling car insurance claims in Illinois and can answer any questions you may have when considering a claim.

Filing a claim can become more complicated when it involves legal action against family members. Household exclusions in insurance policies prohibit one household member, such as the child’s mother, from filing a claim against another household member, such as the child’s father, if he causes the accident resulting in the child’s injury. However, if the person driving was not a member of the child’s household, the household exclusion would not apply, allowing the claim to proceed.

If the insurance companies do not offer a fair and reasonable settlement, we will be prepared to take your case to court. In order to do so, you must file your lawsuit within two years of the accident. The statute of limitations sets this deadline, but it is subject to exceptions for minors who go on to file their own claims. For example, if your child was a minor at the time of the accident, they must file their own lawsuit within two years of turning 18 unless the regular statute gives them more time to file.

Due to the time-sensitive nature of a claim related to a child’s injuries, contacting a personal injury lawyer as soon as possible after the accident is critical.

Should I Replace My Child’s Car Seat After an Accident?

Yes. The National Highway Traffic Safety Administration (NHTSA) advises that car seats be replaced after a moderate or severe crash, which can affect the integrity of the seat. However, if the car crash is categorized as minor – meaning the vehicle was driveable, there is no visible damage to the car seat, the door closest to the car seat was not damaged, the airbags did not deploy, and no one in the vehicle was injured – the seat does not need to be replaced.

In some cases, the manufacturer or distributor of defective car seats or booster seats could be liable for injuries a child suffers in a car crash. Our attorneys are ready to review your child’s situation to determine if a product liability claim could be a valid option.

Was Your Child Injured in a Crash? Talk to a Lawyer Today.

When you hire a Chicago car accident attorney from Salvi, Schostok & Pritchard P.C., you can rest assured that your case is in the hands of an experienced and passionate litigator. We help families in all aspects of their car accident cases, especially when children are injured. We fight for passenger compensation in Illinois.