When you entrust your child's safety to a daycare center, your hope that the childcare providers will do everything in their power to keep your child safe. But if they are unable to do this and your child becomes injured or worse, you may be able to sue for compensation for your child's medical bills and pain and suffering.
See a Doctor First
Before even considering getting a personal injury attorney, get your child to the doctor. Even if you cannot afford the medical bills, your personal injury attorney may be willing to pay for your child's medical bills only to be reimbursed after you win your case. The medical bills will determine how much you will be compensated as you move forward with your case.
Demonstrate a Breach of Duty of Care
To win a lawsuit for your child's injuries, your personal injury attorney will need to demonstrate that your daycare provider had a duty of care and that the provider failed to exercise this in a reasonable manner. To prove this, you will need to ask plenty of questions and interview all witnesses to find out exactly how your child was injured. The best time to get these answers is soon after your child has received medical treatment. The facts of the case will still be fresh in the minds of the witnesses.
Common Forms of Negligence
Certain actions carried out by a daycare are usually considered a form of negligence. These include a lack of supervision and overcrowding. Even if your child carried out the actions that lead to his or her injury, the daycare provider can be found liable if there is evidence that your child was not properly supervised.
Overcrowding can occur when a daycare tries to maximize profits by watching as many children as possible with as few staff members as possible. This will not only lead to a lack of supervision, but to inadequate care that often leads to larger lawsuits.
Understanding the Other Symptoms
Sometimes, it can be difficult to determine if the injuries were the result of normal play or if your child has experienced abuse from the daycare provider. To determine this, you will want to look for suspicious bruising or changes in your child's behavior, such as confusion, lethargy or uncharacteristic aggression or rebellion. These symptoms, in combination with other injuries, are an indication that your child is being abused. You must get in contact with a personal injury attorney from a firm like Arrington Schelin & Munsey PC and get to the bottom of it.