What To Do If My Child Gets Injured At Daycare?
Millions of parents have to go to work everyday to be able to support their families. For that reason, they have to leave their kids at daycare. When a parent leaves their kid at daycare, they are entrusting their child’s safety with that institution. Unfortunately, there are cases in which kids get injured at daycare. If the kid was injured due to some kind of negligence on behalf of the daycare, it is possible to take legal action against the institution.
As you can imagine, a daycare injury is not so simple as just suing the daycare and expecting them to pay for your child’s injuries. Every case is different and some are more complicated than others. It is always best to seek legal advice from a qualified attorney.
6 Most Important Steps To Take After A Daycare Injury
If you wish to pursue compensation for your child’s daycare injury, there are some steps that you must follow to increase your chances of succeeding.
Medical attention to your child
The first and most important thing to do after a daycare injury is seeking medical assistance for your kid as soon as possible. Most daycare institutions have personnel trained to provide basic medical assistance and they will also notify the parents immediately.
Nonetheless, some injuries that initially may seem minor can worsen over time and deteriorate the child’s health. Therefore, making sure that a doctor thoroughly examines the child is always advisable.
Media file evidence of daycare injury
A very important part of your claim is evidence. Taking photos and videos of your child’s injuries is something you definitely need to do. Thanks to technology now it is very easy to take out your phone and gather evidence that will have a great impact on your claim. While it may be hard to find, recordings from surveillance cameras are another very valuable piece of evidence.
Potential witnesses of the child injury event
If someone saw the incident that caused your child’s injuries, make sure to get their contact information. Your attorney can reach out to them and get a statement that can be used as evidence. You and your attorney can also try to speak with other parents to see if their kids have also suffered injuries at daycare. This can help you find out if the institution has been negligent with other kids.
Material evidence of the daycare injury
Keeping the garments that your child was wearing at the moment of the accident and not washing them is a good idea. If the clothes have blood, secretions, or any other liquids, it is important to keep them in a closed plastic bag. Clothes can be used as evidence and the liquids on them can be tested.
This evidence can reveal that a child was sexually abused. It is also important to keep copies of all medical reports, medical test results, police reports, and other documents that can be used as evidence.
File an incident report after a daycare injury event
Time is crucial. Waiting too long to report the incident can jeopardize your chances of receiving compensation for your child’s injuries. Evidence disappears and memories fade, therefore proving that the daycare institution was negligent becomes harder.
Consult a daycare injury lawyer
Seeking legal assistance from an expert can help you understand your legal options. An experienced daycare injury lawyer can help you with the entire claim process. They can help you gather evidence, contact witnesses and get assistance from other experts in different areas to build a solid case. If the case needs to go to court, an attorney will help you navigate through the legal process and make sure you meet all deadlines.
How to Identify If My Child is Being Abused and Neglected at Daycare?
It is not always easy to notice that a child is being abused or neglected at daycare, especially with toddlers that cannot speak fluently. There are, however, some signs that can indicate that the kid is being abused or neglected.
- Bruises or scratches on the child’s skin
- Bite marks
- Evasive behavior from the staff when asked about the child’s injuries
- Fear of going to daycare
- Mood changes with no apparent explanation
If your concerns are not being addressed by the institution, it is probably a good idea to look for a different daycare.
Is The Daycare Liable for My Child Injuries?
The daycare cannot be held responsible for every child injury. A daycare facility can be held liable for a child’s injury only if the plaintiff can show that they were negligent in some way, which caused the injury. The daycare may be held liable if, for example, a hazardous condition caused the child to be injured.
Another situation in which the daycare may be held liable is when a child is injured as a result of a lack of supervision from the staff. On the other hand, if the injury was caused by another kid, things might get more complicated and there are several factors that need to be taken into account. For that reason, contacting a child injury lawyer is very important.
Can I File a Lawsuit if My Child Was Injured at Daycare?
Yes, it is possible to file a lawsuit if your child was injured at daycare. Nonetheless, this does not mean that it is always a good idea to initiate a lawsuit. Depending on the severity of the injuries there are other options that should be considered.
Minor injuries
If your child suffered a minor injury that did not necessitate medical treatment or if it was an isolated incident, speaking with the institution’s management can resolve the problem. They may offer a solution to the problem so that it does not occur again in the future.
If you notice that the institution is not providing any solutions and they just overlook the incident, looking for a new daycare may be the best option.
Serious injuries
If your child suffered serious injuries, filing a personal injury lawsuit can be a good option to recover compensation for your child’s injuries. Medical expenses can be very costly for major injuries and you should not bear with the financial burden if the daycare was at-fault.
Furthermore, if your kid was abused, they will probably experience emotional trauma. If you file a personal injury lawsuit you can receive compensation for pain and suffering.
What Happens if I Signed a Release of Liability Waiver?
It is not uncommon for daycare facilities to request that parents sign a release form. Typically, these release agreements state that if the child is injured, the parents assume all risk of the child’s injury, absolving them of responsibility. Nonetheless, these release forms are primarily intended to discourage parents from filing a claim if their child is injured at daycare.
If a parent decides to sue, the court will almost certainly rule that the release form is invalid because the parents cannot sign away the child’s right to seek compensation. Furthermore, it is inappropriate for a daycare facility to require their clients to sign an agreement that essentially allows them to act negligently with no consequences.
Greenberg & Stein Child Injury Lawyers
We understand how important children are to their parents and the efforts they make to ensure their safety at Greenberg & Stein P.C. Our child injury attorneys have extensive experience and will work tirelessly to ensure you receive the compensation your child deserves. Our legal team will guide you through the entire claim process and answer any questions you may have. If your child was injured at daycare, please do not hesitate to contact us. Call 212-681-2535 to set up a free consultation to go over your case.