What are My Rights if My Child was Injured at Daycare?
Call (800)-863-5312 To Speak with an Experienced Daycare Injury Attorney for Free
Many parents entrust their children to daycare each year. When children suffer injuries in daycare, it is a troubling and traumatic event. Parents of injured children may seek compensation against the daycare facility for their child’s injuries.
Consult a experienced daycare injury lawyer to help protect you and your child’s rights. At Zinda Law Group, we may be able to help you seek compensation for your child’s daycare injuries. Call us today at (800)-863-5312 for a FREE consultation with a daycare injury attorney near you.
What are Your Rights after a Daycare Injury?
As a parent or legal guardian, you may be entitled to sue the daycare facility for your child’s injuries.
Many daycare centers have parents sign a no liability clause in their daycare contract. Daycare facilities execute these contracts to convince parents that the daycare facility can not be sued for injuries. Importantly, these waivers do not prevent you from suing the daycare. As a parent you have the right to bring a lawsuit against the daycare where your child sustained an injury.
What do I do if my child was injured in daycare?
The court system allows a parent to sue the daycare on behalf of the child under the “next friend” rule, which allows minors to be represented by their parent or legal guardian. Any monetary compensation awarded to your child is safely kept in a special bank account or trust until your child reaches age 18. Of course, some of the money may be used for care and treatment of the child relating to the incident.
Here are important steps to follow if your child has been injured at daycare:
1. Document Your Child’s Injury
First, pay close attention to your child to recognize when your child has been injured at daycare. Many children may not be able to fully communicate their injury. Take detailed notes and file a police report if applicable. Police reports can act as an objective record of the incident.
2. Get Medical Treatment for Your Child
Second, immediately seek medical treatment as soon as you realize your child has been injured. This mitigates your child’s injuries. Additionally, keep all of your medical bills, receipts associated with seeking care for your child, and any other incidental costs.
Your attorney may later use these receipts and detailed notes in seeking the highest monetary compensation from the at-fault daycare and insurance companies.
3. Consult an Experienced Daycare Injury Attorney
Third, an experienced daycare injury attorney can help you seek the highest monetary compensation from at-fault parties and insurance companies. Further, your attorney can help educate you of your legal rights, legal time periods, and file a claim on your behalf. In some cases, the evidence an experienced attorney gets through in-depth investigations can be so strong that the daycare and insurance companies may seek a timely settlement instead of trial to avoid extra costs.
Plus, an experienced daycare injury attorney also helps to calculate the child’s monetary damages, including medical costs and treatments, as well as pain and suffering of the child. Also, a daycare injury attorney can help compile specific evidence and uncover facts and circumstances surrounding the daycare injury.
Who May Be Liable?
Once the daycare takes your child into their care, they usually owe the child a legal duty to act reasonably safe. Therefore, the party that is most commonly liable is the daycare facility.
If a daycare acts negligently and does not take proper care of your child, you may bring a claim against it for your child’s injuries. If the daycare personnel does not keep your child safe you can sue the daycare, its employees, and another third party, such as the family of another child who contributed to injuries.
You can also sue daycare personnel for your child’s injuries. Your experienced daycare injury attorney can advise you of which parties to sue based on the facts, circumstances, and evidence in your case.
“Next Friend” Rule
The court system allows legally competent parties whose interests align with the minor’s to represent them in court. In daycare injury lawsuits, the parent or legal guardian can act as the “next friend” of the minor child in court in order to sue the daycare and other liable parties for your child’s damages.
Child Injury Compensation
Personal injury compensation for children resembles other personal injury claims. For instance, monetary damages include any medical bills and costs associated with the treatment and recovery of your child’s injuries. These also include costs for medical visits, treatments, and medications, as well as therapy and counseling sessions.
Furthermore, when a child is awarded damages, the court usually appoints a trust for the child. Thus, any monetary compensation the child is awarded for their injuries arising from the claim is kept for them until they turn 18, at which point they may have full access to the money. Generally, some money may also be allocated for the use of the parent or guardian in the care of the minor child.
Before the child turns 18, they can use some funds for specific purposes related to the accident. These may include the child’s medical treatment, therapy, and counseling. The important thing is the money is safely kept for the child’s benefit.
Common Causes of Child Injuries
Some of the most common injuries that occur to children at daycare include:
- Falling (such as falling off playground equipment)
- Bumping head-on desks, doors, or other equipment
- Jamming fingers in drawers or doors
- Malfunctioning playground equipment
- Consuming dangerous or poisonous materials
- Injuries inflicted by another child
- Abuse from daycare staff
Injuries occur due to:
- Negligence of daycare staff
- Improper supervision
- Unsanitary daycare facility
- Violation of daycare safety code
- Acts of other children
Legal Time Limits
It is important to quickly initiate your claim against the daycare facility, as there are legal time limits for your claim. The legal time limit, which starts from the date of the injury, varies by state. After the time limit elapses, you may not be able to bring a lawsuit against the daycare or other guilty parties for your child’s injury.
Because the child is a legal minor at the time of the incident (under age 18), some states allow the child to bring the daycare injury lawsuit for two years upon turning 18 years old.
Memories will fade over time, so consult with an experienced daycare injury attorney immediately after your child’s injury. Your attorney can explain your legal rights and build crucial evidence in your claim.
ZINDA LAW GROUP CAN HELP!
Zinda Law Group’s experienced daycare injury attorneys can help. Your child’s daycare should be held accountable for their failure to keep your child safe. Our attorneys strive to help parents protect their children and build a strong case.
Meetings with attorneys by appointment only.