As parents, few things are more upsetting than when our children are injured. The experience can be even worse when they are injured at a childcare facility under the care of trained adults who are supposed to be providing a safe, loving environment. In the aftermath of a child’s injury, many parents are uncertain how to proceed and what rights they may have in cases of daycare abuse or negligence.
Here at Huffman & Huffman Brothers-in-Law, our experienced daycare injury lawyers can assist you in finding the answers you are looking for, whether you are seeking information on daycare negligence settlement amounts, examples of negligence in childcare, or guidance on how to pursue legal action. Read on to learn more about your rights and options in the face of daycare-related injuries.
How Can You Tell if Your Child Has Experienced Negligence in a Child Care Facility?
As much as parents love our children, we know they can sometimes be unreliable narrators. Children suffer from injuries, many of them minor, all of the time, and most children—especially young children—are unable to put their thoughts and experiences into accurate language, and they sometimes struggle to separate fantasy from reality. So, how can we tell if a child is experiencing negligent care in a childcare facility?
- Look for physical patterns. An occasional scrape or bruise is typical for an active child, but a pattern of unexplained (or confusingly explained) scrapes, burns, or bruises can indicate neglect.
- Pay attention to cleanliness. If your child is consistently dirty, with dirty face and hands or unchanged diapers, that can be a red flag. Attentive caregivers should be keeping children (mostly) clean.
- Inspect the site. Do any equipment or areas seem ill-kept, unsafe, or potentially dangerous?
Is a Personal Injury Claim Warranted in Your Child’s Situation?
If your child has been injured at a childcare facility, you may wonder if it is fitting to file a personal injury claim with the facility’s insurance provider. The first thing to note is that personal injury claims involve major trauma, such as traumatic brain injury, broken bones, and injuries requiring stitches. That means that usually, a regular injury from normal play—a skinned knee, a bruised shin, an accidental black eye from a stray elbow—does not constitute a personal injury claim. There must be evidence of negligence, such as faulty playground equipment or lack of oversight contributing to the injury, as well as medical bills and treatment related to the injury. A personal injury lawyer can assist you in gathering the essential evidence needed to file a successful claim on behalf of your child.
Who Is Responsible for Child Care Injuries?
While your child is in a daycare facility, they are under the care of the team you pay to provide care for them, and if they are injured, members of that team might be liable. Individual caretakers and staff might be at fault, and administrators also might bear responsibility, especially if they fail to provide a safe environment for children and neglect to design and enforce policies to safeguard their charges.
Finally, the facility itself might be to blame. Premises liability comes into play when defendants can be held responsible for unsafe conditions on their property. Swimming pool gates can be unlocked, or playground equipment can be faulty such as broken steps or handrails, making child injuries possible. If you find yourself in such a situation, it’s crucial to consult with a daycare injury lawyer who specializes in handling daycare abuse or negligence cases.
What Should You Do if Your Child Is Injured?
Many parents are unaware they can file a personal injury claim against a childcare facility and that the childcare facility’s insurance policy will pay for the claim or lawsuit. Licensed childcare centers in Virginia are required by law to carry insurance. So, suppose your child has been injured at a childcare facility, and you believe that the injury was due, in part, to negligent care or unsafe premises. In that case, you should consider filing a personal injury claim on your child’s behalf. To navigate the complexities of such cases, it’s essential to seek guidance from a knowledgeable daycare negligence lawyer who can help you identify your rights and pursue the appropriate legal actions.
We understand and are here to help if all of this seems overwhelming. At Huffman & Huffman Brothers-in-Law, we advocate for our clients—and their children—ensuring they receive the compensation they deserve. No parent should have to pay for medical care and treatment for injuries their child suffered due to the negligence of a daycare worker or facility. Our firm offers free case evaluations, and you pay nothing until we successfully recover compensation on you or your child’s behalf. All consultations are with an expert personal injury lawyer and they will provide you with options on what to do next.
If your child was injured at daycare, a childcare facility, or a playground, contact one of our experienced daycare injury lawyers today! Nothing is more important than ensuring that your child is cared for and that those who made the injury possible are held accountable.