Hit and Run Injures Child...

by Tomika
(Chicago, Illinois)

My son was hit by a car while crossing the street and was taken away by ambulance to the hospital. The driver who hit him left the seen before the police and I got there. The police said I will be notified when they catch the guy, but other than that what else can I do? Thanks for any info you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Hit and Run Injures Child...":


While nursing your son back to health it is important to keep track of every medical bill and out of pocket expense related to his injury and recovery. Medical bills include ambulance, emergency room and hospital stay bills. Out of pocket expenses include the costs which fall in between those bills. They include medicine, bandages and even the costs for parking and gasoline used when caring for your son.

You should also not wait for the police to notify you. We are not suggesting you seek out the driver yourself. We are suggesting you find out which detective is leading the investigation and develop a relationship so she knows you are not going away. You should continue to speak with her at least once a week asking her if she has any new leads and if so what they are. The old expression “The squeakiest wheel gets greased first” applies in these types of cases.

At the same time it would be in your son’s best interests for you to seek the advice of a qualified Personal Injury Attorney. You will not be charged any legal fees for an initial office consultation. The Attorney will confirm what we have said here and may offer additional advice.

Hopefully there will come a day soon when the police find the driver but for the interim being prepared for that eventuality is quite important. The State of Illinois like most other states has a 2 year time limit or “Statute of Limitations”.

The Statute of Limitations means an injured party has up to 2 years from the date of the injury within which to either settle their case or file a lawsuit to preserve their legal rights. This may appear impossible because you don’t know who to sue and may not find out who that is until the 2 year time period has elapsed.

There is a legal remedy and your Attorney will explain to you how it operates. A skilled Attorney will file a “John Doe” lawsuit before the 2 year time limit expires. Doing so “tolls” the Statute of Limitations. That means you will not have to worry about the 2 year time limit expiring. The lawsuit can be continued with a Judge’s permission for about as long as it takes for the police to locate the at-fault driver.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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