Can Parents Sue After a Child Suffers a Permanent Injury in an Accident?

 Posted on September 30, 2026 in Personal Injury

While many fractures and other injuries heal without lasting effects, some accidents can cause permanent damage that affects a child well into adulthood. If your child suffered a permanent injury due to another person’s negligence, you might be able to seek compensation for the damage he or she suffered. For legal help, reach out to a Joliet, IL personal injury attorney.

At Schwartz Injury Law, we understand how difficult it can be when a child suffers a serious injury. We have years of experience helping families recover compensation for serious injuries, including through major multimillion-dollar settlements.

What Are the Long-Term Effects of a Traumatic Brain Injury in a Child?

A traumatic brain injury in a child can affect how that child grows, learns, and behaves for many years. A child's brain is still developing. A hard blow to the head can disrupt that growth. Common long-term effects include trouble with memory, attention, and focus. Changes in mood and behavior can also happen. A child who was once calm may become easily frustrated or withdrawn.

These effects can shape a child's whole future. A child with a brain injury may need special education, speech therapy, or counseling. Some will need support well into adulthood. Parents often find themselves managing appointments, school plans, and new routines they never expected. Some families also lose income when a parent must cut back on work to provide care.

How Serious Is a Spinal Cord Injury for a Child?

A spinal cord injury is one of the most serious injuries that a child can suffer. The spinal cord carries signals between the brain and the rest of the body. Damage to that region of the body can cause partial or full loss of movement and feeling below the injury site.

Care for a spinal cord injury rarely ends after a hospital stay. A child may need surgery, physical therapy, a wheelchair, and changes to the family home. As the child grows, equipment will need to be replaced. The costs of long-term care can be very high over a lifetime.

How Can You Seek Compensation When Someone Else Injures Your Child?

Compensation for a child's injury is usually sought through a personal injury claim. In Illinois, a child cannot file a lawsuit alone. A parent or guardian brings the claim on the child's behalf. Parents may also have their own claim for certain costs, such as the medical bills they paid while the child was a minor.

To succeed in a personal injury claim, you must show that someone else acted negligently. This could be a driver who ran a red light, a property owner who ignored a hazard, or a company that sold a dangerous product. You must also show that this carelessness caused your child's injury.

Deadlines in personal injury claims are handled differently for children. Under Illinois law, a minor generally has two years after turning 18 to file a personal injury lawsuit (735 ILCS 5/13-211). However, parents should not wait to take legal action. Building a case long after the original accident can be difficult, especially as witnesses and evidence become less accessible.

Can a Personal Injury Claim Cover a Child’s Long-Term Damages in 2026?

A personal injury claim can cover a child's long-term damages, not just the costs you face today. This is important for permanent injuries, as a child may live with the effects for several decades. The claim should account for that full span of time.

Long-term damages may include future medical care, therapy, and medication. They can also include home changes, special equipment, and in-home help. If the injury limits the child's ability to work as an adult, the claim can seek lost future earnings.

Proving these losses often takes expert help. Doctors can explain what care the child will likely need. Life care planners can map out those needs year by year. Economists can estimate what that care will cost over time. Without this kind of support, a settlement could leave a family short years down the road.

Is Pain and Suffering Included in a Child Personal Injury Claim?

Non-economic damages like pain and suffering can and should usually be included in a child's personal injury claim. These damages cover losses that do not come with a bill. They include physical pain, emotional distress, and the loss of normal childhood experiences.

A child with a permanent injury may miss out on sports, friendships, or school activities. He or she may feel different from other kids. Scarring or disfigurement can also affect how a child feels about themselves. Illinois law allows a claim to seek money for these harms.

Putting a dollar figure on pain and suffering is not simple. Insurance companies often try to downplay it. Medical records, school reports, and statements from teachers or counselors can help show how the injury has changed the child's daily life.

Do Courts Have to Approve Settlements or Verdicts for Injury Claims Involving Minors?

Settlements for injury claims involving minors in Illinois generally need a judge's approval. This rule exists to protect the child. The court reviews the deal to make sure it is fair and serves the child's best interests.

The judge may look at the child's injuries, future needs, and the amount offered. The court also decides how the money will be handled. In many cases, funds are placed in a restricted account or a structured settlement. The child may not be able to access the money until turning 18. Some funds may be released earlier for medical care or other approved needs.

If a child receives money through a verdict, the court can also oversee how those funds are handled. This process can feel slow, but it helps keep the child's money safe for the future.

Contact Our Joliet, IL Personal Injury Attorneys

Watching your child struggle with a permanent injury is painful. You should not have to face the legal process while also caring for your family. At Schwartz Injury Law, our team can review your child's case and explain your options. We can also help you understand what your child may need in the years ahead and what a fair recovery should include. Contact our Kendall County, IL car accident lawyers or call 708-888-2160 to schedule a free consultation.