Your child’s claim is legally separate from yours, it runs on a much longer clock, and if it settles for more than $10,000 a court has to approve it. A parent’s signature on a release is not enough. Those three facts change almost everything about how a child’s crash claim should be handled, and they are the ones most often missed.
The long clock is the part that gives you room. Under 735 ILCS 5/13-211, the limitations period is tolled while the injured person is a minor, so a child hurt at seven generally has until their twentieth birthday to file, two years after turning 18. There is no need to rush a settlement to beat a deadline that has not started running.
Two separate claims, two different deadlines
| Claim | Who owns it | Deadline to file suit |
|---|---|---|
| The child’s injuries, pain and future care | The child | Generally two years after their 18th birthday (735 ILCS 5/13-211) |
| Medical bills the parents paid, and related out-of-pocket loss | The parents | Two years from the crash (735 ILCS 5/13-202) |
| Anything against a city, county, school district or the CTA | Either | One year (745 ILCS 10/8-101), the minor’s tolling does not rescue this |
That third row is the trap. If a school bus, a CTA vehicle or a municipal truck was involved, the one-year deadline governs the claim against that body and it runs fast. See school bus claims and claims against government vehicles. If the vehicle involved is a state-owned vehicle rather than a city or county one, an even tighter one-year notice mechanism applies under the separate Court of Claims Act framework, discussed in full in that government-vehicle guide.
Court approval: the $10,000 line
Illinois does not let a child’s claim be quietly settled by agreement between a parent and an adjuster once real money is involved.
- Under 755 ILCS 5/25-2, a minor’s claim can be settled without court involvement only where the amount owed to the child, together with the child’s estate, does not exceed $10,000. The insurer takes an affidavit from a parent or someone standing in loco parentis confirming that.
- Above $10,000, the settlement requires court approval. A representative compromises the child’s claim by leave of court under 755 ILCS 5/19-8.
- The court is protecting the child’s interest, including from a well-meaning parent under financial pressure. A parent has no legal right, by virtue of the parent-child relationship alone, to compromise a minor’s claim above that threshold.
If a larger settlement was done on a parent’s signature alone, that is worth having reviewed, see whether a release can be undone. A settlement of a minor’s claim above the statutory threshold that was never actually approved by a court is generally unenforceable, no matter how reasonable the number looked at the time.
Where the Money Actually Goes After Court Approval
A court-approved minor’s settlement does not simply hand the money to a parent to hold. The judge reviewing the compromise under 755 ILCS 5/19-8 also reviews the attorney’s fees, litigation expenses, and any medical liens being deducted from the gross recovery, and then directs where the child’s net share is held until they turn 18, typically a restricted account, a structured settlement annuity, or a court-supervised guardianship estate that the parent cannot access without separate court permission. This structure exists specifically because minors’ settlement funds have historically been at risk of being spent by well-meaning parents on ordinary household expenses rather than preserved for the child, and a judge signing off on the settlement amount is also signing off on how the money will actually be protected until the child is an adult.
Children are not small adults, medically or evidentially
This is where child claims are most often undervalued, and it is not the lawyer’s point, it is the paediatrician’s.
- Children under-report. A seven-year-old asked whether it hurts will frequently say no, particularly in front of a worried parent. Behavioural change, sleep, appetite, clinginess, refusing activities they used to enjoy, is often the better signal.
- Growth plate injuries can affect development in ways that are not apparent for years, which is one reason the long limitations period exists.
- Head injury presents differently. Concussion in a child can show up as irritability, difficulty at school or personality change rather than a reported headache.
- School records become medical evidence. A drop in grades, new accommodations, or a teacher’s note about attention after the crash is contemporaneous documentation that no expert report can replicate.
Keep a simple diary. What your child was like before, what changed, and when. It is the single most useful thing a parent produces in these cases.
A Realistic Example
Hypothetical, for illustration only: A nine-year-old is a rear-seat passenger in a crash on Lake Shore Drive. At the ER she reports no pain and is discharged with a clean exam. Over the following weeks, her mother notices she has stopped wanting to play soccer, has trouble sleeping, and has become unusually clingy at drop-off, changes a school note also flags around the same time. A pediatric evaluation identifies a mild traumatic brain injury that was not apparent on the day of the crash, consistent with how concussion often presents in young children. Because Illinois tolls the statute of limitations for minors, there is no pressure to settle before the full picture, including any lingering cognitive or behavioral effects documented over the following school year, is understood. The family’s attorney documents the behavioral timeline against the mother’s contemporaneous notes and school records, and because the eventual settlement will exceed $10,000, prepares the case for the required court-approval process rather than a quick parent-signed release.
Restraints, and what Illinois does with them
Illinois has detailed child restraint requirements, see the child seat and booster guide for the specifics.
On the claim itself, one point is worth stating plainly. Under 625 ILCS 5/12-603.1(c) failure to wear a seat belt “shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages.” If an adjuster starts asking pointed questions about how the seat was installed, that line is worth knowing. Whatever else is true, the at-fault driver caused the crash.
What to do
- Have the child seen even if they seem fine. Tell the clinician it was a crash and describe the forces involved.
- Keep the car seat. Do not return, discard or replace it before it has been photographed and, if necessary, inspected. It is evidence.
- Write down the behavioural baseline now, while you remember what normal looked like.
- Do not settle quickly. There is no deadline pressure on the child’s own claim, and a developing injury cannot be reopened later.
- Get advice before signing anything that concerns the child, whatever the amount.
Frequently Asked Questions
How long does my child have to bring a claim in Illinois?
Generally until two years after their eighteenth birthday. Under 735 ILCS 5/13-211 the limitations period is tolled while the injured person is a minor. Your own claim for the bills you paid runs on the ordinary two years from the crash.
Does a settlement for my child need court approval?
If it exceeds $10,000, yes. Under 755 ILCS 5/25-2 a minor’s claim can be settled without court involvement only where the amount and the child’s estate together do not exceed $10,000. Larger settlements are compromised by leave of court under 755 ILCS 5/19-8.
Can I just sign the release as the parent?
For a small settlement within the statutory threshold, with the required affidavit, generally yes. Above it, a parent’s signature is not a substitute for court approval, and a settlement done that way may be vulnerable.
A school bus was involved. Does the longer deadline still apply?
Not against the public body. A claim against a school district, the CTA, a city or a county must be filed within one year under 745 ILCS 10/8-101, and the minor’s tolling does not extend that. Act quickly.
My child says they are fine. Should I still have them checked?
Yes. Children routinely under-report pain, and some injuries, concussion, growth plate injuries, present differently or later in children than in adults. Watch for behavioural change as much as for complaints.
Can I access my child’s settlement funds before they turn 18 for a genuine need, like a medical procedure the settlement itself relates to?
Sometimes, but not by simply withdrawing the money. Funds held under a court-approved minor’s settlement are typically restricted, and accessing them before the child reaches adulthood generally requires a separate petition back to the court that approved the settlement, explaining the specific need and requesting release of a specific amount.
Does it matter which parent signs the settlement paperwork if the parents are separated or divorced?
It can. Depending on custody arrangements, both parents, or whichever parent holds relevant decision-making authority, may need to be involved in the court-approval process, and this is worth flagging to your attorney early rather than assuming one parent’s signature alone resolves it.
Related guides on injuries and medical treatment
- Start here: Whiplash & Soft Tissue Injuries: Proving ‘Invisible’ Car Accident Damages
- What Doctors to See After a Chicago Car Accident, and Why the Order Matters
- Who Pays for My Medical Bills After a Car Accident in Illinois?
- Medical Liens After a Chicago Auto Accident
- Independent Medical Exams (IME) in Illinois Auto Claims
Talk to a Chicago car accident lawyer. Phillips Law Offices offers a free case review, and there is no fee unless we recover for you. Call (312) 346-4262 or request a free case review.
This article is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.