Most daycare injury cases in Illinois settle before reaching a courtroom. But when a daycare center denies responsibility, disputes the severity of your child’s injuries, or offers an amount that does not come close to covering your family’s losses, going to trial may be the right path. Taking a daycare injury case to trial in Illinois is a serious undertaking. It requires solid preparation, a clear understanding of state law, and the willingness to let a judge or jury decide what your child’s suffering is worth. If you are a parent in Chicago weighing this decision, here is what you need to know.<\/p>\n\n\n\n
Not every dispute ends at the negotiating table. Trials become necessary when the daycare’s insurance company refuses to make a fair offer, when liability is genuinely contested, or when the facts of the case are serious enough that a jury needs to hear them. Think of cases involving a child who suffered a traumatic brain injury, a severe burn, or physical abuse at the hands of a daycare worker. These are not cases where a low settlement offer should be accepted quietly.<\/p>\n\n\n\n
In Illinois, a daycare injury lawsuit is filed under the Illinois Code of Civil Procedure (735 ILCS 5). The case typically starts in the Circuit Court of Cook County, located at the Daley Center on Washington Street in the heart of the Loop. Once a complaint is filed and served, both sides go through discovery, depositions, and pre-trial motions. If no settlement is reached, the case proceeds to trial.<\/p>\n\n\n\n
It is worth understanding that most daycare injury cases involve negligence claims. Your attorney must show that the daycare owed your child a duty of care, that it breached that duty, and that the breach directly caused your child’s injury. Violations of the Illinois Child Care Act of 1969<\/a> can be powerful evidence of that breach. For example, if a facility was operating with illegal staff-to-child ratios or had untrained workers supervising infants, those facts go directly to the question of negligence. Your attorney may also call on child development experts and medical professionals to explain the connection between the daycare’s failures and your child’s harm. The decision to take a case to trial should never be made lightly, but sometimes it is the only way to get justice for your child.<\/p>\n\n\n\n Illinois follows a modified comparative negligence rule under 735 ILCS 5\/2-1116. This means a plaintiff can recover damages as long as their share of the fault does not exceed 50% of the total cause of the injury. In a daycare injury case, the child is the plaintiff, and a young child is almost never found to be at fault. The comparative fault rule becomes more relevant when a daycare tries to shift blame to a parent, claiming, for example, that a parent failed to disclose a child’s medical condition or allergy.<\/p>\n\n\n\n If the jury finds the daycare at fault, damages are reduced in proportion to any fault assigned to the plaintiff. So if a jury awards $500,000 but finds the plaintiff 10% at fault, the recovery is $450,000. The daycare’s lawyers will often try to use this rule to chip away at your award. Your attorney needs to be ready for that strategy.<\/p>\n\n\n\n Illinois also has a joint and several liability rule under 735 ILCS 5\/2-1117. Under this provision, all defendants found liable are jointly and severally responsible for past and future medical expenses. For non-medical damages, a defendant whose fault is 25% or greater is jointly and severally liable, while a defendant whose fault is less than 25% is only severally liable. This matters when multiple parties share responsibility, such as when both a daycare center and a property owner contributed to unsafe conditions. In cases involving physical abuse, punitive damages may also be available, which go beyond compensating for losses and are meant to punish the wrongdoer.<\/p>\n\n\n\n One important note: under 735 ILCS 5\/2-1116, no contributory fault can be assigned to a plaintiff in a case based on childhood sexual abuse. If your child’s case involves sexual abuse at a Chicago daycare, this protection is especially significant.<\/p>\n\n\n\n Walking into the Daley Center for a civil trial can feel overwhelming. Knowing what to expect helps. Illinois civil jury trials follow a structured process governed by the Illinois Supreme Court Rules and the Illinois Code of Civil Procedure.<\/p>\n\n\n\n The trial begins with jury selection, known as voir dire. Under 735 ILCS 5\/2-1105, civil cases in Illinois are tried before a jury of six. Both sides question potential jurors to identify bias. In a daycare injury case, this step is critical. Jurors who are parents themselves may connect deeply with your child’s story, while others may carry assumptions about personal responsibility that could work against you.<\/p>\n\n\n\n After jury selection, both sides deliver opening statements. Your attorney lays out the facts clearly: what the daycare did wrong, how it harmed your child, and what your family has been through. The defense will try to minimize the injury or shift blame. Then comes the presentation of evidence. This is where depositions taken earlier in the case come into play, along with surveillance footage from the daycare, incident reports, medical records, and expert testimony. Medical experts explain the nature and severity of injuries like skull fractures, spinal cord damage, or burn injuries. Child development experts explain what safe daycare supervision looks like and how the facility fell short.<\/p>\n\n\n\nHow Illinois Law Governs Fault and Damages at Trial<\/h2>\n\n\n\n
The Trial Process: What to Expect in a Cook County Courtroom<\/h2>\n\n\n\n