When your child suffers a serious injury due to someone else’s negligence, the physical, emotional, and financial impact can be overwhelming. At Willens & Baez Personal Injury Lawyers, we understand the unique challenges families face when a child is injured. Our experienced Chicago child injury lawyers have successfully represented hundreds of injured children and their families, securing millions in compensation to help cover medical expenses, future care needs, and pain and suffering.
Attorney Matthew Willens and our dedicated legal team have handled some of Chicago’s most complex child injury cases. One of our successes is a landmark $15,808,277 verdict for a 12-year-old girl who suffered a traumatic brain injury after being struck by a vehicle – a case recognized as one of the Top 100 Verdicts in the country. We combine decades of legal expertise with genuine compassion to ensure your child receives the full compensation they deserve.
Talk to us in a free consultation. We don’t charge any fees until we’ve won for you. Call us today at (312) 957-4166.
The Scope of Child Injuries in Chicago and Nationwide
Child injuries represent a significant public health crisis that affects families across Chicago and throughout Illinois. The statistics are sobering and highlight why experienced legal representation is essential when a child is injured due to negligence:
National child injury statistics:
- Every 4 seconds, a child is treated for an injury in an emergency department, according to the Centers for Disease Control and Prevention (CDC).
- In 2023, more than 4.2 million children up to 14 years old in the US suffered accidental injuries that sent them to emergency rooms.
- The average cost for each child patient with those injuries ranged from $61,000 to nearly $300,000 as of 2023. These costs include medical expenses, income loss, and quality of life costs.
- CDC data show that among the leading causes of death among children in 2023 were motor vehicle accidents, unintentional drowning, and unintentional suffocation.
Illinois-specific concerns: The Illinois Department of Public Health tracks comprehensive data on child injuries throughout the state. It found that from 2021 to 2023, some 1,148 children under 18 years old lost their lives due to injuries in the state.
In Chicago’s urban environment, children face unique risks from traffic accidents, playground injuries, and premises liability incidents. Our attorneys understand these local factors and how they impact injury cases.
Willens & Baez Personal Injury Lawyers, P.C. Reviews
Common Types of Child Injury Cases We Handle
Children in Chicago can be injured in numerous ways, often due to the negligence of adults who have a responsibility to keep them safe. Our Chicago child injury lawyers handle all types of cases, including:
Motor Vehicle Accidents
Vehicle accidents are among the most serious threats to children’s safety. These cases include:
- Pedestrian accidents: Children struck while crossing streets, playing, or walking to school
- Car passenger injuries: Children hurt in crashes while properly or improperly restrained
- School bus accidents: Injuries occurring during boarding, riding, or exiting school buses
- Bicycle accidents: Children struck by vehicles while riding bikes.
At the law firm of Willens & Baez, our team’s $15,808,277 verdict for a pedestrian demonstrates our ability to secure maximum compensation even when insurance companies attempt to blame the victim.
Playground and Recreational Injuries
Chicago’s parks, schools, and recreational facilities should provide safe environments for children. We handle cases involving:
- Defective or poorly maintained playground equipment
- Inadequate supervision at parks and recreational programs
- Swimming pool accidents and drowning incidents
- Sports-related injuries due to negligent supervision or unsafe conditions.
Premises Liability Cases
Property owners have a duty to maintain safe environments for children. If they fail this duty and it results in an accident, they may be liable to pay for losses. Common cases include:
- Slip and fall accidents: Children injured on unsafe surfaces or due to hazardous conditions
- Dog bite attacks: Injuries from aggressive or improperly restrained animals
- Toxic exposure: Lead poisoning, chemical exposure, or other dangerous substances
- Structural hazards: Falling objects, unstable structures, or dangerous construction sites.
Daycare and School Accidents
Educational and childcare facilities must provide appropriate supervision and safe environments. We represent families when children are injured due to:
- Inadequate supervision leading to injuries
- Unsafe facilities or equipment
- Abuse or misconduct by staff members
- Field trip accidents and transportation injuries.
Product Liability Cases
Defective products pose serious risks to children. We handle cases involving:
- Defective toys with choking hazards or toxic materials
- Faulty car seats and safety equipment
- Dangerous household products and furniture
- Recalled items that cause injuries.
Medical Malpractice and Birth Injuries
When healthcare providers fail to meet professional standards, children can suffer devastating injuries:
- Birth injuries during delivery
- Misdiagnosis or delayed diagnosis
- Medication errors
- Surgical complications.
The Unique Legal Challenges in Child Injury Cases
Child injury cases present complex legal challenges that require experienced attorneys who understand both personal injury law and the specific protections afforded to minors under Illinois law.
Statute of Limitations for Child Injury Cases
Illinois law provides extended time periods for child injury claims. Generally, children have until their 20th birthday to file a personal injury lawsuit if their parents or guardians don’t act sooner. However, medical malpractice cases involving children have different time limits: typically eight years from the injury or until the child’s 22nd birthday, whichever comes first.
Damages and Future Needs Assessment
Calculating damages in child injury cases requires careful consideration of:
- Current medical expenses: Emergency care, hospitalizations, surgeries, and ongoing treatment
- Future medical needs: Long-term care, rehabilitation, therapy, and medical equipment
- Educational impact: Special education needs, tutoring, or modified learning environments
- Lost earning capacity: The impact of injuries on the child’s future career prospects
- Pain and suffering: Physical pain, emotional trauma, and loss of childhood experiences
- Family impact: Parents’ lost wages and emotional distress.
Guardian Ad Litem and Court Approval
Illinois law requires court approval for settlements involving minors. A guardian ad litem may be appointed to protect the child’s interests throughout the legal process. Our attorneys work closely with families and the court system to ensure settlements truly serve the child’s best interests.
Comparative Negligence in Child Cases
Illinois courts recognize that young children cannot be held to the same standard of care as adults. The state follows a “comparative negligence” system in which an adult injury victim who was also negligent may be considered partially responsible for their own injuries, thus reducing their compensation. However, this rule may not necessarily apply to injured children.
Children under age 7 are generally considered incapable of contributory negligence, while older children are evaluated based on what a reasonable child of similar age and intelligence would do in similar circumstances.
Child Injury and Attractive Nuisance Laws in Chicago
Illinois law recognizes that children are naturally curious and may not recognize dangers that would be obvious to adults. The “attractive nuisance” doctrine provides special protections for children who are injured on someone else’s property, even if they were technically trespassing.
What Is an Attractive Nuisance?
An attractive nuisance is a condition on property that:
- Is likely to attract children onto the property
- Poses an unreasonable risk of serious injury or death
- Is something that children cannot appreciate the danger of due to their age, AND
- Can be made safer without creating an unreasonable burden on the property owner.
This legal doctrine creates a higher duty of care for property owners when dangerous conditions might attract children.
Common Attractive Nuisances in Chicago
Throughout Chicago’s neighborhoods, numerous conditions can qualify as attractive nuisances:
Swimming Pools and Water Features
- Unfenced or inadequately secured pools
- Decorative ponds and fountains without barriers
- Abandoned pools filled with water
- Hot tubs accessible to neighborhood children.
Construction Sites and Equipment
- Heavy machinery left unsecured
- Construction materials and supplies
- Excavations and trenches
- Scaffolding and temporary structures.
Abandoned or Vacant Properties
- Dilapidated buildings that children might explore
- Old appliances with doors that can trap children
- Broken windows and unstable structures
- Debris piles and hazardous materials.
Recreational Hazards
- Trampolines without safety enclosures
- Tree houses and climbing structures
- Railroad equipment and tracks
- Old cars or machinery that children might play on or in.
Illinois Attractive Nuisance Law Requirements
Under Illinois law, property owners may be liable for injuries to child trespassers when all of these conditions are met:
- The owner knew or should have known children frequent the area. Property owners in residential neighborhoods, near schools, or parks should reasonably expect children to be in the vicinity.
- The condition creates an unreasonable risk to children. The danger must be serious enough that a reasonable property owner would take protective measures.
- Children cannot appreciate the risk due to their age. Young children cannot evaluate dangers the way adults do. The doctrine recognizes their limited judgment and experience.
- The burden of eliminating the danger is less than the risk. Courts balance the difficulty and cost of making the area safe against the potential harm to children.
- The property owner failed to exercise reasonable care. The owner must have failed to take steps a reasonable person would take to protect children.
Defenses Property Owners May Raise
Property owners often attempt to avoid liability by arguing:
- Age of the child: They may claim the child was old enough to appreciate the danger. Generally, the older the child, the more likely they should have understood the risk. However, Illinois courts evaluate this on a case-by-case basis.
- Parental supervision: Owners sometimes argue that parents should have supervised the child better. While parental negligence may be considered, it doesn’t eliminate the property owner’s duty under the attractive nuisance law.
- Warning signs: Property owners may point to “No Trespassing” signs or warnings. However, these are rarely effective defenses because young children cannot read or may not understand such warnings.
- Obvious danger: Owners might claim the danger was obvious. But if the condition attracts children despite the obvious danger, this defense often fails.
The Long-Term Impact of Childhood Injuries
Many childhood injuries have effects that extend far beyond the immediate trauma. Parents and families need to understand the potential long-term consequences:
Physical Development Impact
Injuries during crucial developmental periods can affect:
- Bone growth and skeletal development
- Muscle strength and coordination
- Organ function and overall health
- Physical capabilities and athletic participation.
Cognitive and Educational Effects
Brain injuries, even mild ones, can impact:
- Learning abilities and academic performance
- Memory and concentration
- Behavioral and emotional regulation
- Social interactions and relationships.
Psychological and Emotional Consequences
The trauma of injury can cause:
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Fear of activities they previously enjoyed
- Changes in personality and behavior
- Difficulty adjusting to physical limitations.
Social and Family Impact
Serious injuries affect the entire family through:
- Changes in family dynamics and roles
- Financial stress from medical expenses and lost income
- Emotional burden on parents and siblings
- Altered life plans and expectations.
How Willens & Baez Personal Injury Lawyers Fight for Injured Children
When you choose Willens & Baez Personal Injury Lawyers to represent your injured child, you gain advocates who understand both the legal complexities and emotional challenges these cases present.
Immediate Response and Investigation
We act quickly to:
- Preserve crucial evidence before it’s lost or destroyed
- Interview witnesses while memories are fresh
- Work with accident reconstruction experts when necessary
- Secure medical records and consult with healthcare professionals
- Document the scene and gather photographic evidence.
Working with Medical Experts
Child injury cases often require extensive medical testimony. We collaborate with:
- Pediatric specialists: Doctors who understand children’s unique medical needs
- Life care planners: Professionals who assess long-term care requirements
- Developmental experts: Specialists who evaluate cognitive and physical impacts
- Rehabilitation professionals: Experts who design recovery and adaptation programs.
Comprehensive Damage Assessment
We ensure no aspect of your child’s injury goes uncompensated. We thoroughly evaluate:
- All current and anticipated medical expenses
- The need for assistive devices, home modifications, or specialized care
- Impact on educational opportunities and future career prospects
- Emotional and psychological effects on the child and family
- Quality of life changes and loss of childhood experiences.
Types of Compensation Available in Child Injury Cases
Illinois law allows families to recover both economic and non-economic damages when a child is injured due to negligence.
Economic Damages
These include quantifiable financial losses:
- Medical expenses: All costs related to diagnosis, treatment, and recovery
- Future medical care: Long-term treatment, therapy, and medical equipment needs
- Lost earning capacity: Compensation for reduced future income potential
- Educational costs: Special tutoring, modified educational programs, or therapy
- Home modifications: Accessibility improvements or specialized equipment
- Transportation costs: Medical appointments and specialized care visits.
Non-Economic Damages
These compensate for intangible losses:
- Pain and suffering: Physical discomfort and emotional distress
- Loss of normal life: Inability to participate in typical childhood activities
- Disfigurement and scarring: Permanent physical changes affecting appearance
- Emotional trauma: Psychological impact of the injury and recovery process
- Loss of companionship: Impact on family relationships and social development.
Dealing With Insurance Companies: What to Expect
Despite victims’ rights guaranteed by law, families find it difficult to obtain their rightful compensation as they face insurance companies experienced in minimizing claims. Understanding insurers’ approach helps families prepare.
Common Insurance Company Arguments
- Children are resilient and will recover fully.
- Future medical needs are speculative and unproven.
- Educational and career impacts cannot be accurately predicted.
- The family is exaggerating the severity of the injuries.
Why Professional Representation Is Essential
Without experienced legal counsel, families may:
- Accept settlements that are far below fair value
- Fail to document important evidence and medical information
- Miss critical deadlines for filing claims
- Misunderstand their rights under Illinois law.
We at Willens & Baez are familiar with insurer defenses in child injury cases. We skillfully assert our clients’ rights even when insurance companies present strong arguments or use.
Why Experience Matters in Child Injury Cases
Child injury cases are among the most complex in personal injury law. Success requires attorneys who understand:
Medical Complexities
Children’s developing bodies respond differently to injuries than adults. Our attorneys work with pediatric medical experts who understand:
- How injuries affect growing bodies and developing brains
- The long-term implications of seemingly minor injuries
- Treatment protocols specific to children
- The psychological impact of trauma on child development.
Insurance Company Tactics
Insurance companies often employ specific strategies in child injury cases:
- Attempting to minimize the severity of injuries in young children
- Arguing that children will “grow out of” their injuries
- Undervaluing future needs and long-term care requirements
- Pressuring families to accept quick settlements before the full impact is known.
Our experienced attorneys anticipate these tactics and build cases that demonstrate the true extent of your child’s injuries and needs.
Court Proceedings and Family Sensitivity
Child injury cases require delicate handling to protect young victims from additional trauma. At Willens & Baez, we:
- Minimize your child’s direct involvement in legal proceedings when possible
- Work with child psychologists when testimony is necessary
- Ensure all interactions are age-appropriate and comfortable
- Coordinate with the court system to expedite proceedings when beneficial.
Our Track Record: Results That Speak for Themselves
Willens & Baez Personal Injury Lawyers has secured millions in compensation for injured children and their families. Our case victories include:
- $15,808,277 verdict: A 12-year-old girl was struck by a YMCA van while crossing the street after school, resulting in a traumatic brain injury. Despite the defense claiming the child was at fault, we secured one of the Top 100 Verdicts in the country.
- $12,250,000 settlement: We obtained this large settlement for a family with a birth injury case involving medical malpractice.
- $11,000,000 settlement: This was also a birth injury case where medical negligence caused permanent harm.
- $10,000,000 settlement: In a Chicago case, a newborn infant was not properly monitored and suffered an infection that led to brain damage. The doctor and the hospital offered $3 million, but we took the case to trial and finally settled for more than three times this initial offer.
These results demonstrate our commitment to securing maximum compensation for children who have suffered serious injuries due to others’ negligence.
The Legal Process: What Families Can Expect
Understanding the legal process helps families prepare for their child’s injury case:
Initial Consultation and Case Evaluation
- Detailed discussion of the accident and injuries
- Review of medical records and treatment history
- Assessment of liability and potential damages
- Explanation of legal options and timeline.
Investigation and Evidence Gathering
- Collection of accident reports and witness statements
- Medical record review and expert consultation
- Documentation of ongoing treatment and needs
- Analysis of liability and insurance coverage.
Negotiations and Settlement Discussions
- Preparation of comprehensive demand packages
- Negotiations with insurance companies and defendants
- Court approval process for minor settlements
- Protection of funds through appropriate legal structures.
Trial Preparation and Litigation
- Depositions of witnesses and expert testimony
- Medical examinations and evaluations
- Pre-trial motions and case preparation
- Trial representation focused on achieving maximum compensation.
When to Contact a Chicago Child Injury Lawyer
Time is critical in child injury cases. Contact Willens & Baez Personal Injury Lawyers immediately if your child has been injured due to:
- Motor vehicle accidents involving pedestrians, passengers, or cyclists
- Accidents at schools, daycares, or recreational facilities
- Dog bite attacks or animal-related injuries
- Slip and fall accidents on someone else’s property
- Defective products or recalled items
- Medical malpractice or birth injuries
- Swimming pool accidents or drowning incidents
- Playground equipment failures or unsafe conditions
Don’t wait. Evidence disappears, witnesses’ memories fade, and legal deadlines approach quickly.
Why Choose Willens & Baez Personal Injury Lawyers for Your Illinois Child Injury Case?
Proven Results
Our track record includes millions in verdicts and settlements for injured children, including the landmark $15.8 million verdict that was recognized among the top verdicts in the nation.
Comprehensive Experience
Attorney Matthew Willens and our legal team have decades of experience handling complex child injury cases across all areas of personal injury law.
Personal Attention
We understand that child injury cases require sensitivity, patience, and personal attention. Each family receives individualized care and regular communication throughout their case.
Resources and Expertise
We work with leading medical experts, life care planners, and child development specialists to build the strongest possible case for your child.
No Fee Unless We Win
We handle child injury cases on a contingency fee basis: you pay no attorney fees unless we secure compensation for your child.
Community Recognition
As top-rated Chicago personal injury attorneys, we have earned recognition for our successful representation of injured children and their families throughout Illinois.
Contact Willens & Baez Personal Injury Lawyers – Chicago Child Injury Attorneys Today
When your child has been seriously injured due to someone else’s negligence, every day matters. Remember: insurance companies have teams of attorneys working to minimize your child’s claim.
Don’t let the at-fault party avoid accountability. Make sure your family has experienced advocates fighting for your child’s future. The sooner you contact experienced legal counsel, the better we can protect your child’s rights and build a strong case for maximum compensation.
Call Willens & Baez Personal Injury Lawyers at (312) 957-4166 for a free consultation.
Our Chicago child injury lawyers are available 24/7 to discuss your case and explain your legal options. We serve families throughout Chicago, Cook County, and all of Illinois.
Contact us today to schedule your free consultation and take the first step toward securing your child’s future.
