Legal Question in Civil Litigation in Illinois

Re: child restraints

Short answer: yes.

The child will have the right to sue and to recover damages from the mother's car insurance. Of course the limits of insurance is important because it directly affects the amount that can be recovered.

There are a lot of details that needs to keep in mind when brining a suit like this. For a better answer, I will need more information, however, I hope this answer has help you anyhow.

If you have any questions or comments call my office.

Taradji Law Offices

Re: child restraints

Hello. In my opinion, one parent can file a lawsuit against another parent if their child was injured in the other parent's care because he/she was not wearing a child restrain. A lawsuit of this type could allege negligence in transporting the child without a child restraint. In Illinois a minor's estate would have to be opened so that any funds from an award would be deposited in the minor's estate. This would be administered by the court and in this situation the parent of the injured child could be the court appointed guardian. The child's funds could be accessed as needed by the parent/guardian with the court's permission. Upon attaining the age of 18, the emancipated 18 year old would then have full access to his/her money. I hope may comments have been helpful. Will be happy to discuss this further and in more detail.