It’s a parent’s worst nightmare—finding out your child has been injured while in daycare.
Unfortunately, childcare injuries happen too often and can seriously affect your child’s health and future. And if those injuries are due to the daycare provider’s negligence, it’s important to take action.
At Ward and Smith Personal Injury, we understand the gravity of these situations and can help hold the daycare responsible, when appropriate, and get the compensation your family deserves.
When Negligence Leads to Tragic Accidents: Common Injuries Sustained at Daycare and Child Care Facilities
As parents, we understand it is inevitable for our children to experience injuries or accidents at some point in their childhood. However, it is important to acknowledge that not all injuries are accidental in nature.
Sadly, daycare and child care injuries are sometimes caused by negligence, lack of supervision, or abuse by staff members. These incidents can cause minor or severe injuries. Some common injuries children may sustain while under daycare supervision include:
- Cuts, scrapes, bruises
- Broken bones, dislocated limbs, head or neck trauma
- Drowning or near-drowning
- Choking or suffocation
Determining Liability for Your Child’s Daycare Injury
If your child has suffered an injury while at a daycare or child care facility, it may not be immediately clear who is accountable for the incident. In daycare injury lawsuits, several parties may be liable due to the responsibility they hold toward your child’s well-being. As a result, it is essential to partner with a personal injury attorney who can guide you through the legal process and help you identify the potentially responsible parties. These may include:
- Daycare staff or volunteer members
- Daycare center operator
- Property owner or landlord
- Those responsible for transporting your child to and from daycare
- Product manufacturers, in cases of defective products
What Can I Do if My Child Is Injured in Daycare?
In the unfortunate event of your child sustaining an injury at a daycare, swift and appropriate action is crucial. The following steps are important:
- Seek immediate medical attention: When in doubt, seek medical care promptly, regardless of the perceived severity of the injury, to ensure your child receives comprehensive medical attention.
- Report the incident: Always inform the daycare staff of the accident and request an incident report to be filled out. It’s imperative to obtain a copy of the report for your records.
- Document the scene and injuries: Taking photographs, including of your child’s injuries, can aid in documenting the incident and may be necessary for any future legal proceedings.
- Maintain detailed records: Ensure that you maintain detailed records of all medical expenses, including doctor’s visits, treatment, medications, therapy, and counseling.
- Seek legal help soon: Contacting an experienced personal injury attorney is essential to ensure your rights are protected and you receive the full compensation your family deserves.
Child Care Facilities Regulations in North Carolina
In North Carolina, child care facilities are subject to various laws and regulations. The North Carolina Department of Human Services, Division of Child Development and Early Education (“DHHS”) oversees and enforces safety standards for these facilities. These standards include obtaining proper licensing, conducting background checks on employees, and maintaining sanitary conditions.
Moreover, daycare and child care providers are expected to adhere to industry standards and may choose to impose additional requirements through their own materials and agreements with parents.
Furthermore, it is the responsibility of child care providers to report any suspected instances of abuse or neglect to the appropriate authorities. Failure to do so could result in liability for any injuries or accidents that occur.
When to Call a Personal Injury Attorney
The time limit for filing a lawsuit, known as the statute of limitations, may vary for a minor’s daycare claim. In some cases, minors may have the option to file a lawsuit after they reach the age of 18. However, certain types of damages may have a shorter statute of limitations, typically lasting for up to three years. Therefore, it is incredibly important to seek the advice of a skilled attorney as soon as possible when an injury occurs. This will help ensure a prompt investigation and prevent the loss or forgetting of crucial information.
Contact Ward and Smith Personal Injury Today
Ward and Smith Personal Injury attorneys have extensive experience handling many different types of daycare and child care accident and injury cases. We understand the emotional and physical toll such incidents can have on families, and our team is committed to providing compassionate and effective legal representation to our clients. We will work diligently to determine liability for your child’s injuries, file a personal injury claim on your behalf, negotiate a fair resolution when possible, and, if necessary, aggressively pursue your case in court to ensure that you receive the compensation to cover medical bills, pain and suffering, disability, and other damages related to the injury.