Can You Sue a Minor for Personal Injury in Illinois?
While the law generally treats minors younger than 18 differently than adults, that doesn’t mean teenagers or children can’t cause severe injuries. For instance, a 16-year-old with a driver’s license could collide with another car and cause devastating injuries. Who’s liable for your injuries in these situations? Is it the minor’s parent, the minor, or both?
Broadly speaking, you can’t sue a minor directly for personal injuries in Illinois. However, state law includes mechanisms to hold parents accountable for injuries their minor children cause, especially teenagers. Read on for more information on suing minors for personal injuries in Illinois.
When You Can Sue a Minor Directly in Illinois
In most cases, you can’t sue a minor directly for injuries they cause in Illinois. However, there is one notable exception to the rule. If a minor 16 or older has gone through the legal process to become emancipated (meaning they are essentially a legal adult and are no longer under their parents’ control), they are responsible for their actions. This responsibility includes liability for any injuries an emancipated minor causes intentionally or through their negligence. You still have to provide evidence of the minor’s negligence or intentional wrongdoing to recover compensation for your injuries.
Suing Illinois Parents for Injuries Their Children Cause
If you want to sue for injuries a minor causes in Illinois, you’ll most likely file a claim against their parents. The Illinois Parental Responsibility Law says the parents or legal guardians of unemancipated minors aged 12-18 are liable for the “willful or malicious acts” of children in their care. So, if a minor who is 12-18 years of age injures you, you can file a claim against their parents or legal guardian to recover compensation for your losses.
What happens if a minor injures you and they’re younger than 12? In these cases, you might have trouble suing a minor or their parents or guardian. In general, the law doesn’t hold children that young legally responsible for their actions, as they may not know right from wrong or understand the consequences of what they’re doing. Talk to an attorney for more information on this issue.
One last thing to know: Even when you sue a minor’s parents or guardian for injuries the minor caused, you might have a separate claim against the parents or legal guardian. For example, if the parents or guardian knew the minor had a history of poor behavior and didn’t do anything to stop the child from hurting anyone, their actions might constitute negligence. In these circumstances, you could file separate claims for the minor’s actions and the parents’ or guardian’s negligence, letting you seek additional compensation for your injuries.
Compensation in Personal Injury Cases Involving Minors
The Illinois Parental Responsibility Law says parents are only liable for the “actual damages” a minor causes. “Actual damages” include things like your medical bills, lost wages, and other losses with fixed costs. It does not include things like your pain and suffering. Furthermore, your compensation is limited to $20,000 in most cases (the cap is $30,000 if the child had a “pattern or practice of willful or malicious acts.”).
Because your potential compensation is limited in personal injury cases involving minors, it’s crucial to look for other potentially liable parties, including the minor’s parents or legal guardian. If another party bears some of the blame for your injuries, you can seek additional compensation from them, including money for things like your pain and suffering.
Illinois personal injury cases involving minors are complicated, so it’s vital to work with a capable and experienced attorney. Call Johnston Law Offices now at (618) 655-1234 or complete our online contact form for a free consultation.