Most parents find it challenging to entrust anyone to care for their child. For many parents, daycares are the only option. When a child comes home from daycare injured, parents often feel a range of emotions, including guilt, anger, shock, and fear. Injuries become traumatic for the child and their parents. Parents may be faced with medical bills, lost time from work, and the task of helping their child overcome fears related to the accident. Who will be held accountable for these?

The process of filing an injury claim with an insurance company is challenging. It especially disconcerting for parents because they are concerned about their little one’s health and want answers. Unfortunately, insurance companies are not always fair. Knowing who can be held liable for a child’s daycare injury is critical for parents. 

What Are the Parents’ First Steps?

Parents must take a few steps to ensure the parties responsible are held accountable. Taking these steps will help to secure fair compensation for any owed damages. Parents should also check Sadaka Law article.

Seek Medical Care

One of the first things parents must do is ensure their child receives medical care. As soon as parents learn of their child’s injuries, they must inquire about the severity and the type of medical care provided. Emergency situations may require an ambulance or emergency room visit, depending on the child’s condition and severity of injuries. Do not hesitate to seek medical care right away, even if the injuries do not seem too severe. 

Talk to the On-Duty Staff

If the details are not clearly given, parents should consider going to the daycare and talking to the staff members who witnessed the injury. Ask pertinent questions, and learn as many details as possible. Ensure the proper protocol was followed for the injury. Talk to the manager of the daycare and owner if necessary. Take notes during these conversations. 

Document the Child’s Injuries

In addition to seeking medical care, one of the most essential things parents can do is document their child’s injuries. Take pictures and videos. Parents should also take pictures and photos of the daycare scene where their child became injured. Ask for documentation from the daycare. At the very least, the daycare should fill out an accident report, and parents should ask for a copy immediately. 

Parents should try to seek documentation from other involved agencies, including the ambulance service, police, CPS, and any other entities involved. The more injury documentation the parents have, the better. 

Meet With an Injury Attorney

Dealing with the aftermath of injury becomes stressful for everyone involved. Parents often do not know who to turn to for help. They may find the insurance company attempts to deny the injury claim. The daycare may not feel they are liable for compensation. 

An essential step parents must take is to schedule a consultation appointment with an injury attorney. Many personal injury attorneys offer free consultation appointments to allow parents to sit down with legal counsel and learn about their options. These meetings give parents the opportunity to share their child’s story and determine the best form of legal recourse available to them. 

Injury attorneys will help parents understand the viability of their child’s injury claim. Will it hold up in court? Is there enough evidence to hold the daycare and its insurance company liable? Parents should come with questions to ask the attorney and be prepared to take extensive notes. 

Who Is Liable for a Child’s Daycare Injuries?

There is no straightforward answer to this question because multiple parties can be held liable after a child’s injuries occur at daycare. The most common liable parties include the following. 

• Parents will likely hold the daycare facility liable for the injuries. The daycare has a duty of care to provide a safe environment for the child. When daycares do not deliver a safe environment they can be held liable for any injuries that arise. 
• Parents also sue daycare workers for any injuries their children suffered. The facts of the case and evidence will determine if a daycare worker is responsible for a child’s injuries and damages. Working with an attorney will ensure parents know which parties to pursue for compensation. 
• Sometimes, there are extenuating circumstances that place third parties responsible for a child’s injuries at daycare. For instance, the manufacturer of playground equipment could be held liable if there were defects in the equipment that led to the child’s injuries. 

Parents Must Understand Their Rights

Parents must protect their rights and the rights of their injured child. A lack of understanding of their rights can lead to infringements. The parents of the injured child may have the right to sue the daycare, workers, or a third party, depending on the circumstances surrounding their child’s injuries. It is essential to remember that the parents are bringing a lawsuit on behalf of their child. 

What to Expect From Compensation

Child daycare injury claims work in much the same way as adult personal injury cases. Parents can seek monetary compensation for the following. 

• Medical bills
• Future medical costs
• Lost wages
• Therapy and counseling
• Pain and suffering
• Disability

Meeting with an attorney will allow parents to place a monetary value on their child’s daycare injury case. Although parents can easily tabulate the medical bills and lost wages, things like pain and suffering calculations are best-taken care of by an attorney. 

Schedule a Consultation Meeting Right Away

The statute of limitations in each state limits the time parents have to file a daycare injury claim. Waiting too long could forfeit the parents’ rights and those of the child from further pursuing any form of compensation. 

Parents should consider scheduling a consultation appointment with an injury attorney immediately. Many personal injury attorneys offer contingency arrangements so parents will not have to pay legal fees unless they win. Most attorneys take their fees from the awarded compensation as a percentage. Schedule a consultation appointment today to hold the daycare and its negligent workers responsible for your child’s injuries.