We all send our children to daycare hoping they’ll have a great deal of fun, learn a lot, and make sense. We send them expecting they’ll be safe. As safe as they would be at home, under the watchful eye of excellent caregivers who are prepared for anything.
In reality, the story isn’t always quite so happy. Some daycare centers injure children, either through carelessness, neglect, or direct physical abuse.
If your family is facing this horrible situation, we empathize with you. Yet empathy alone won’t get your child the care they need to be made whole. Launching a claim against the daycare center that hurt your child will help you pay for medical and psychiatric care. It will also ensure your child gets some funds for pain and suffering, money that can be used to secure your child’s future.
You have the right to sue for compensation to cover expenses related to your child’s medical care. You may have signed some form of waiver when you entered your child into care, but in most cases this won’t keep a case from moving forward.
This is because the compensation isn’t really yours, it’s your child, and you can’t sign your child’s right to compensation.
Legally, you aren’t pursuing the case on your own behalf. You’re pursuing it on your child’s behalf.
Your attorney will be making the same legal arguments you might see in any personal injury case. The daycare provider had a duty of care to your child. There was a breach of that duty that directly led to injuries, pain, suffering, and financial loss.
Parents have the separate right to be compensated for the medical bills incurred on their child’s behalf. The child has the right to pain and suffering awards just as adults do. Usually that money will go to some sort of trust fund until the child turns 18.
Your child isn’t old enough to approve a settlement on their behalf, or to even sign one. Thus the law allows you, as their parent, to approve the settlement when the time comes. However, a judge will also have to review the settlement to ensure it’s within the child’s best interests, even if you settle out of court.
In addition, comparative negligence will be less of a problem. It’s going to be difficult for a daycare to claim your child was at least 40% negligent when they let a youngster who isn’t even old enough to read yet get hurt. Daycare age children generally don’t have any liability.
Give your child the gift of top-notch representation. We’ve been practicing personal injury law for over 30 years, and we have a long track record of success with cases like yours. We’re caring, responsive, and deeply committed to making sure your child gets all the compensation they deserve.
Book a no-obligation case consultation today. Click here to get started.