What Should I Do if My Child Was Hurt in a Car Accident in Chicago?

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Joseph Conboy who has years of legal experience. Our last modified date shows when this page was last reviewed.

Last updated on: February 17, 2025

Joseph Conboy | February 13, 2025
What Should I Do If My Child Was Hurt in a Car Accident in Chicago

If your child is injured in a car accident, it can be overwhelming. Your first priority is your child’s health and well-being. After ensuring they get medical attention, protect your legal rights.

Conboy Law Injury & Medical Malpractice Lawyers helps families in Chicago who have children injured in car accidents. We understand how serious child injuries can be, from minor injuries to traumatic brain injuries. 

Our experienced child injury attorneys are here to guide you through the legal process, making sure you seek the compensation your child deserves. Whether your child is hurt in a car crash, suffers serious injuries, or needs long-term medical care, we’re here to help.

Contact Conboy Law Injury & Medical Malpractice Lawyers For Your Personal Injury Case

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Seek Immediate Medical Attention

If your child is hurt in a car accident, getting medical care is the most important first step. Some injuries may not be immediately visible but can have long-term effects.

Taking quick action can help your child’s recovery and protect your personal injury claim.

Call 911 and Request an Ambulance (If Needed)

If your child is injured, call 911 right away. Request an ambulance to ensure they receive immediate medical attention, especially if they have severe injuries.

Even if the injuries seem minor, it’s always better to have a medical professional evaluate your child at the scene. Injuries like concussions or internal injuries may not show obvious symptoms right away. The sooner your child gets checked, the better.

Make sure to inform the emergency responders of any visible injuries and any symptoms your child is experiencing. This will help them provide the best care possible.

Get a Full Medical Evaluation

Once you are at the hospital, make sure your child undergoes a full medical evaluation. Even if they seem fine, have a doctor check for any hidden injuries.

Traumatic brain injuries, back injuries, or fractures can often go unnoticed right away but may worsen over time. A complete medical evaluation will help identify these injuries early, ensuring the best treatment plan.

Ensure the doctor documents all injuries and their severity. This will be critical for your insurance claim and any potential lawsuit later.

Follow All Medical Recommendations

After your child’s injuries have been assessed, follow all the doctor’s recommendations. This includes physical therapy, medication, or any follow-up visits.

Failure to follow medical advice could affect the recovery process and the outcome of your personal injury claim. Insurance companies may question your claim if you don’t follow prescribed treatments.

Be sure to attend all appointments and keep records of any treatments and medical expenses related to your child’s injuries.

Document the Accident Scene

Document the accident scene

Collecting evidence at the accident scene is crucial. This will help you build a strong case for your child’s injury claim.

Some of the important steps to take after the accident are:

Take Photos and Videos

  • Photos of the accident scene: Capture images of the scene, including the vehicles involved, traffic signs, and any visible damages.
  • Injuries: Take clear photos of any visible injuries to your child, even if they seem minor.
  • Skid marks or road conditions: Photograph any road conditions that may have contributed to the accident, such as wet or icy roads.
  • Damaged property: Document damage to your vehicle and other property involved in the crash.

These photos will be vital for proving the cause and extent of the accident, especially in court or when negotiating with the insurance company.

Get Contact Information

Collect contact information from all parties involved in the crash. This includes:

  • Other drivers: Name, address, phone number, driver’s license number, and insurance information.
  • Witnesses: Names and contact information of anyone who witnessed the accident.
  • Police officers: Officer names and badge numbers, and the police report number if available.

This information will help your lawyer gather evidence and strengthen your car accident claim.

Obtain the Police Report

The police report is an essential piece of evidence. It includes details of the crash, witness statements, and the officer’s observations. This report can be critical in proving fault and showing the severity of your child’s injuries.

Make sure to get a copy of the report from the police station or request it through the officer who responded to the scene. Your lawyer can help review the report and ensure all details are accurate.

Notify Your Insurance Company

After a car accident involving your child, notify your insurance company as soon as possible. Failing to report the accident quickly can affect your claim.

Here are the next steps you should take with your insurance company.

Report the Accident Promptly

Report the accident to your insurance company as soon as possible. Most insurance policies require that you report an accident within a certain time frame, typically 24 to 48 hours. Delaying this can result in a denied claim or complications in processing.

When reporting the accident, be sure to provide accurate details, including the time, location, and any involved parties. Also, inform your insurance company about any injuries sustained, particularly your child’s injuries. Be honest and thorough to avoid any confusion or issues later on.

Reporting the accident promptly will allow the insurance company to begin investigating and processing your claim right away. It also provides a formal record of the incident, which can be valuable when pursuing a car accident claim or lawsuit. Always keep track of your communication with the insurance company for your records.

Do Not Accept a Quick Settlement Offer

Insurance companies may try to offer you a quick settlement after the accident. While this might seem like an easy way to move on, these offers are often much lower than what you actually deserve, especially when a child is injured.

Do not rush into accepting any offers. Quick settlements rarely account for future medical costs, therapy, or long-term emotional trauma that your child may experience. If you accept the offer, you may be forfeiting your right to additional compensation for these expenses.

Consult with an accomplished child injury attorney before accepting any offer. They can help evaluate whether the settlement is fair and if it fully covers your child’s needs. Having legal support ensures that your child’s injury claim is handled properly and that you are not left with future financial burdens.

Understand Your Policy’s Coverage for Children

Understand how your auto insurance policy covers injuries to children. Many policies include specific provisions for child passengers involved in car accidents. Depending on your policy, your child’s injuries may be covered under medical payments coverage, personal injury protection (PIP), or even uninsured motorist coverage.

Take the time to review your policy details to ensure you know what’s included. In some cases, your auto insurance may cover your child’s medical expenses, lost wages for time missed from work due to caregiving, and pain and suffering. If the at-fault driver is uninsured or underinsured, your policy may provide additional compensation.

Consult with a skilled child injury lawyer to help interpret your policy’s coverage. They can assist you in ensuring that all available coverage is used to its fullest potential, making sure your child’s injuries are fully addressed.

Watch for Signs of Delayed Injuries

Watch for signs of delayed injuries

Some injuries may not show symptoms immediately, especially in children. After an accident, monitor your child for any delayed symptoms that could indicate an underlying injury.

A few of the common signs to watch out for and how to stay proactive include:

Common Delayed Symptoms in Children

  • Headaches: Persistent headaches can signal a traumatic brain injury or concussion.
  • Bruising or swelling: These might not appear right away but can develop in the hours or days following the crash.
  • Lethargy or unusual fatigue: If your child is unusually tired or lacks energy, it could be a sign of internal injuries or a concussion.
  • Pain in the neck or back: These symptoms could indicate spinal injuries or whiplash.
  • Behavioral changes: Emotional distress, anxiety, or changes in behavior can be signs of psychological trauma or injury.
  • Stomach pain or nausea: These could signal internal injuries or a concussion.

Be vigilant for any of these signs and seek medical attention if they appear. Timely intervention can prevent long-term complications.

Keep a Health and Behavior Journal

After the accident, it’s helpful to keep a detailed journal of your child’s health and behavior. This record will help track any changes or symptoms that might develop over time.

Write down any physical symptoms, such as pain, swelling, or headaches, and note when they occur and how severe they are. You should also record changes in your child’s emotional state, such as increased irritability, anxiety, or sadness. These could be signs of emotional trauma or psychological distress related to the accident.

In addition to tracking your child’s health, include any medical appointments, tests, and treatments they receive. This will help you keep a comprehensive record of their recovery and any ongoing care they may need.

This journal can be a valuable tool for your personal injury claim. It provides a clear picture of how the accident has affected your child’s health and can be used as evidence in negotiations or court.

Contact a Car Accident Lawyer Specializing in Child Injuries

Contact our car accident lawyer specializing in child injuries

When your child is injured in a car accident, having the right legal representation is crucial. A lawyer specializing in child injuries will know how to handle the complexities of these cases.

Why a Lawyer is Crucial for Child Injury Cases

Child injury cases are often more complicated than adult injury claims. Children are more vulnerable to severe injuries, and their recovery may take longer or require long-term care. A qualified child injury lawyer understands the medical, emotional, and financial aspects of these cases and can help you get the compensation you deserve.

In addition to handling the legal side of your case, your lawyer will work with medical experts to understand the full extent of your child’s injuries. They can help you seek compensation for medical bills, future treatment, and pain and suffering. A lawyer will also protect you from insurance companies that may try to offer a low settlement.

What Compensation Can You Seek?

  • Medical expenses: Coverage for hospital stays, doctor visits, surgeries, medications, and ongoing care.
  • Lost wages: If you missed work while caring for your injured child, you may be able to claim lost wages.
  • Pain and suffering: Compensation for the physical and emotional pain your child endures due to the injury.
  • Future medical costs: If your child needs long-term medical care, these expenses can be included in your claim.
  • Emotional trauma: Psychological counseling or therapy is needed to cope with the trauma of the accident.

A skilled child injury lawyer will help you understand the full scope of compensation available and fight for the maximum amount.

How a Lawyer Can Prove Liability

car accident lawyer specializing in child injury cases will help prove who is at fault for the accident. They will gather evidence such as police reports, witness statements, and medical records to establish the liability of the at-fault driver.

In cases involving negligence, such as distracted driving or driving under the influence, your lawyer will work to show how the at-fault driver’s actions directly caused your child’s injuries. If the case involves a commercial vehicle or a company vehicle, additional legal factors may come into play, and your lawyer will ensure these are addressed properly.

By proving liability, your lawyer can help secure the compensation your child deserves, whether through settlement or litigation.

Filing a Claim on Behalf of Your Child

If your child has been injured in a car accident, you may be able to file a claim on their behalf. As the parent or guardian, you will be the one to take legal action to recover compensation for their injuries.

Who Can File a Lawsuit?

  • Parents or legal guardians: In most cases, the child’s parents or legal guardians are the ones who file the lawsuit on behalf of their injured child.
  • The child: In rare cases, if the child is over 18 years old, they may be able to file a lawsuit independently.
  • Personal injury attorneys: Your attorney will handle the legal details of the claim and ensure that the case is filed properly.

As the parent or legal guardian, you will act in your child’s best interest to ensure they receive compensation for medical expenses, pain and suffering, and other damages related to the injury.

Illinois Statute of Limitations for Child Injury Claims

In Illinois, there is a time limit for filing personal injury claims, including those for child injuries. The statute of limitations for filing a personal injury lawsuit in Illinois is typically two years from the date of the accident.

However, for children, the time limit does not begin until they reach the age of 18. This means that parents or guardians have until the child turns 20 to file a lawsuit. Act as soon as possible to ensure you don’t miss the deadline.

A personal injury attorney will help you understand the legal deadlines and make sure that your child’s claim is filed within the statute of limitations.

Injured? Our Chicago accident lawyer is here to help you.

Call a Car Accident lawyer

FAQs

If your child suffers injuries in a car accident, the first thing to do is get immediate medical attention. Even if the injuries seem minor, have them evaluated by a medical professional. Afterward, document the accident and contact a Chicago child injury attorney to help you understand your rights and next steps.

Yes, if your child suffers fatal injuries in a car crash, you may be able to file a wrongful death lawsuit. A Chicago child injury lawyer can guide you through the process, ensuring that you seek justice and fair compensation for your child’s loss.

Chicago child injury attorneys can help by investigating the accident, gathering evidence, and working with medical professionals to fully understand the extent of your child’s injuries. They will also handle negotiations with insurance companies and represent you in court if necessary.

Children can suffer various injuries in car accidents, ranging from cuts and bruises to more serious injuries like traumatic brain injuries, broken bones, and internal injuries. Some injuries may not be immediately apparent, so monitor your child for any delayed symptoms.

In Illinois, the statute of limitations for filing a claim for a child’s injury typically gives you two years from the date of the accident. However, this time frame is extended until the child reaches 18 years old, meaning the claim must be filed by their 20th birthday.

Call Our Chicago Car Accident Lawyer for a Free Case Consultation

Call our Chicago car accident lawyer for a free case consultation

If your child has been injured in a car accident, consult with an experienced Chicago child injury lawyer. Conboy Law Injury & Medical Malpractice Lawyers understands the unique challenges families face when children suffer injuries. Our goal is to help you get the compensation your child deserves for medical expenses, pain and suffering, and other damages.

We offer a free consultation to discuss your case. During this consultation, we’ll explain your rights, assess the details of the accident, and help you determine the best course of action. Our team of skilled attorneys will guide you through the legal process and fight for fair compensation on behalf of your injured child.

Don’t wait to seek the help you need. Contact us today for your free consultation and take the first step toward securing justice for your child’s injuries.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

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