Daycare abuse is a serious problem, and our attorneys are here to help ensure that those who abuse children are held fully-responsible for their actions. Call us at 1-877-403-9378.
Parents need to be aware that they have rights when their child is abused in a daycare setting, and that includes the right to file a lawsuit. While you may not have much of a say in whether criminal charges are filed, you can still hold the abuser liable for civil damages (money compensation) through a daycare abuse lawsuit.
Preliminary Steps
Before you think about filing a lawsuit against your child’s daycare facility, it is essential for your child to obtain medical treatment for any injuries he or she incurred. Once the treatment plan has ended, and the doctor has released the child, you need to obtain copies of the medical bills and all medical reports.
After your attorney has established that the daycare breached its duty of care, we will need to prove causation. Once it is established that the daycare’s negligence was the cause of the child’s injuries, the next step is to establish proximate cause. This involves questioning whether there were unforeseeable events that may have contributed to the child’s injury. It is necessary to prove all of these elements before it is possible to establish negligence on the part of the daycare.
When your attorney files your child’s claim, he/she should include all the medical bills, any demands for future expenses (therapy, alternative child care, etc.) as well as pain and suffering. Your attorney will prepare your demand based on this information, and draft a lawsuit detailing exactly what they are prepared to present to a jury.
Out-of-Court Settlements vs Taking the Case to Trial
In many cases, the daycare facility will attempt to negotiate an out-of-court settlement. Work with your attorney during this process and listen to their advice. If you are comfortable accepting a settlement in lieu of proceeding with a lawsuit, your attorney will begin to negotiate the best settlement possible. If not, both sides will begin preparing for trial.
You must file the lawsuit before the statue of limitations expires in order to avoid forfeiting your right to pursue damages. This is best accomplished by hiring an experienced attorney who has extensive experience working with daycare abuse cases. Our firm has a great deal of experience handling daycare abuse claims, and we’re happy to discuss the facts of your case for no charge. In fact, we’ll never charge you a penny unless we actually win your case or secure an out of court settlement.
There is no risk in calling us for a free consultation. To speak with one of our daycare abuse lawyers, fill out the contact form on this page or call our office (toll-free) at 1-877-403-9378.
1 Comment
My son recently attended a child care facility. Another parent recently filed a case against the director with claims that the director hit her son with a ruler. CPS wanted to talk to question me because the other child told his mom my son saw him get hit with the ruler by the director, while I’m being questioned the CPS officer said on the video which included audio of the day the incident happened she heard the director say some bad things to the class and specifically to my son. How do I go about retrieving the audio? CPS not DHS would let me hear or see the video. I asked the director and she sent me a video with no audio and no real footage of the incident occurring.