Written by When a child is hurt in an accident, parents often worry that they are running out of time to file a claim. Illinois law actually gives minors more time than adults — but there are other rules that can surprise families when they try to settle. Understanding the statute of limitations for minor injury claims in Illinois, and the court-approval process for settlements, is essential before you make any decisions about your child’s case.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
The Standard Statute of Limitations for Adults
For most personal injury claims in Illinois, an adult has two years from the date of the injury to file a lawsuit. This deadline is set by 735 ILCS 5/13-202. If you miss it, your case is almost certainly barred, regardless of how serious the injury was or how clear the other party’s fault is. The court will dismiss the claim.
How Illinois Tolls the Deadline for Minors
Illinois law treats minors differently. Under 735 ILCS 5/13-211, the statute of limitations is tolled — meaning it is paused — while a person is under the age of 18. For most personal injury claims, the two-year period does not begin running until the minor turns 18. That gives the child until their 20th birthday to file a lawsuit.
This tolling rule exists because minors cannot file lawsuits on their own behalf. They must rely on a parent or legal guardian to act for them. Illinois law recognizes that it is not fair to extinguish a child’s rights because their guardians did not act in time.
Important practical note: tolling does not mean you should wait. Evidence disappears. Witnesses move or forget details. Insurance companies still investigate and document early. Filing or at least investigating promptly is always in the child’s best interest, even if the legal deadline is years away.
Court Approval Is Required for Most Minor Settlements
Many families are surprised to learn that even if a parent and an insurance company agree on a settlement amount, they cannot simply accept the money and close the case. Under Illinois law, settlements for minors above a certain threshold require court approval.
The Probate Act, 755 ILCS 5/19-8, requires that any settlement of a minor’s personal injury claim that exceeds ,000 must be approved by a court. Before the court will approve a settlement, a guardianship of the estate must typically be established for the minor. This means a parent or other adult must petition a court to be appointed as the legal guardian of the child’s financial interests specifically for the purpose of accepting and managing the settlement funds.
For a broader look at how Illinois injury statutes apply to different claim types, see the resources on Illinois injury laws.
What Happens to Settlement Funds for a Minor
Once a court approves a settlement, the funds do not go directly to the parents. In Cook County, the standard procedure is that minor settlement funds must be held in a restricted blocked account at a bank or placed into a structured settlement annuity. A blocked account means neither the parents nor the child can withdraw the money without a court order until the child turns 18.
The purpose of this requirement is straightforward: to protect the child’s money until they are old enough to use it themselves. Courts have seen situations where parents spent a child’s settlement money on family expenses or bad investments. The restricted account structure prevents that.
If the settlement is structured as an annuity instead of a lump sum, the minor receives periodic payments, often starting at age 18. Structured settlements can provide tax advantages and ensure the funds last longer, but they are less flexible than a lump-sum blocked account.
What Parents Need to Do
If your child was injured in an accident, there are several practical steps to take. First, document everything — medical records, photos, any statements from the scene. Second, consult a personal injury attorney before speaking with the at-fault party’s insurance company. Insurance adjusters are trained to minimize payouts, and children’s long-term injury costs (ongoing medical needs, future earning capacity effects) are often undervalued early in the process.
Third, understand that even a relatively small settlement may require court involvement. The ,000 threshold under 755 ILCS 5/19-8 is not high. Many childhood injury claims exceed it. Budget for the guardianship petition process and the time it takes to get a court date.
Fourth, do not let the extended deadline lull you into inaction. The tolling rule exists as a backstop, not an invitation to delay indefinitely.
Talk to a Chicago Attorney — Free Consultation
If your child was injured in an accident in Illinois, Phillips Law Offices can help you understand your options, the deadlines that apply, and what court approval will look like for your case. Call (312) 346-4262 or visit our contact page for a free consultation.