Despite the best efforts of the staff, children can sometimes suffer injuries in daycare. However, there are some instances in which the staff or daycare could have done more to prevent an injury. If your child has suffered an injury in daycare and you want to take legal action, here is what you need to know.
Can You Sue the Daycare?
A major factor that determines whether or not you can legally take action against the daycare is negligence. The daycare has a responsibility to ensure that your child is in a safe environment and properly supervised. If the daycare and its staff failed to take steps to avoid injuries, you could argue negligence.
For instance, if the daycare was aware that a step on the playground ladder was broken and your child fell, this could be seen as negligence. You need to factor in how long the step had been broken and if staff had taken measures to keep the children off the equipment until it could be repaired.
The staff could also be at fault if your child was being bullied by another child and suffered an injury as a result. You could argue that the staff had a responsibility to be aware of what was going on with the children and should have taken notice of the situation before it escalated.
If you can prove negligence, you more than likely have a case. However, there is still one more factor that must be proved.
What Was the Extent of the Injury?
In personal injury cases, what damages you and your child suffered as a result of the negligence matters. If your child did not require medical treatment, proving that you are owed financial compensation will be difficult.
Medical bills and documentation from medical care providers help to build personal injury cases. If your child has none of this, the daycare's attorney and the insurance company could argue that your child's injuries were not serious and therefore, you should not receive any reward.
If your child suffered an injury, it is crucial that you get medical treatment for him or her. Provide your attorney with copies of your medical records.
You also need to factor in other damages, such as your child's pain and suffering, future medical care, and time off from your job taking care of your child.
To get a solid assessment of your case, consult with a personal injury attorney (such as Richard M Altman).
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.