A parent or guardian can bring a lawsuit on behalf of a minor. The State of Illinois makes an exception for children under the age of 18 by extending the period of time in which a lawsuit can be filed. Generally for adults over 18, the time limit automatically begins to run from the date of the incident. However for minors, the time limit is "tolled," or suspended, until the child reaches the age of 18. This means a parent or guardian has until the child's 18th birthday to file. Once the child reaches the age of majority, she or he can file a claim independently without a parent or guardian.
As a parent or guardian, it is important to be aware of your child's legal rights. Incidents in which infants, children, and teens may become seriously injured can include, for example:
- Injury sustained before birth
- Injury sustained at time of delivery
- Injury caused by a defective product
- Negligent care by medical provider
- Negligent care by daycare service
- Injury sustained during auto accident
- Injury caused by another child or teen
- Slip and fall due to improperly kept conditions
- Injury caused by playground or amusement park equipment
- Injury caused by negligence at school (pre-k through college)
- Injury suffered at work (for children of legal working age under 18)
If you are a parent or guardian of a child who has been injured, call (773) 376-9800 or fill out an online request for a free consultation.
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Written by DMM at the Law Offices of Hugo A. Ortiz.
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