Posted on behalf of Henness & Haight on Mar 17, 2015 in Personal Injury News
Daycare centers are supposed to be safe places to leave your children. When an accident happens that involves an injury, you can feel betrayed, hurt and angry. The compensation to which you are entitled varies by state and are based on liability and personal injury laws. In general, however, you will have to prove many of the same factors were at play as you would with an adult injury.
What to Do After a Daycare Injury
If your child is injured at a daycare facility, you should first have a doctor look them over. If any treatment is necessary, complete it first, and get all of the medical reports and bills. These will document the seriousness of the injury and the treatment necessary to address it. After you obtain this information, speak to your attorney, who will help you get appointed as guardian ad litem so that you can file suit on your child's behalf.
Proving Fault in a Daycare Injury
In order to prove that the facility was at fault for the injury, you will need to demonstrate that there was negligence involved and that this negligence caused the injury. Every child care facility has a duty of care towards preventable injury. You will need to prove that the injury was caused by inadequate supervision by employees.
In addition, you will need to prove that the accident was foreseeable, which would have made it preventable. Children falling from structures on a playground, who suffer unsanitary surroundings or who trip over objects that were carelessly left lying about are all examples of preventable injuries. Other situations could also serve as causes. The real factor is neglect on the part of facility staff.
After you demonstrate that the daycare center failed to meet its reasonable duty of care, you will need to prove that this negligence was the direct cause of the injury. In other words, if the child were not in the facility, they would not have been injured. You must also prove that the staff were capable, had they been more attentive, of preventing the accident. These are the key factors in proving the daycare facility liable for the injury.
Settlements and Compensation
The first step in the suit is to allow the insurance company for the facility to examine the evidence and make an offer of settlement. Your attorney should be on hand during these talks to ensure you do not receive a sub-par offer or inadvertently waive your rights. After you negotiate with the insurance company, one of two things will happen. Either you will accept the offer and the dispute will be resolved, or you will proceed to court.
Having a child injured at a daycare center can be scary and stressful. When the time comes to pursue remuneration for your child's injuries, you want to have a qualified personal injury attorney by your side to protect your rights and get you the money you deserve. If you need any information about child injury cases, we are here to help. Give us a call today.