When you place your child in a daycare center, you probably expect staff members to look after their needs and protect them from any harm. The child care facility is expected to act as a reasonable parent to protect the safety of your child. This duty extends to all the managers, administrators, aides, teachers, and employees. However, some children suffer serious injuries when they are in daycare centers due to abuse or neglect.
At our New York City personal injury law firm, Dansker & Aspromonte Associates, our team of attorneys has handled cases of child care provider negligence. Since 1988, we have held wrongdoers accountable and sought hundreds of millions of dollars in compensation for our clients. If you suspect your child is being abused in a facility or has been injured, contact us for a free consultation.
Damages You May Be Able to Receive in Your Case
After a negligent child care facility leads to your child suffering injuries, you may be able to recoup compensation from a liable party. The amount of compensation you may qualify for depends on the severity of your child’s injuries and how they affect their future.
Some potential damages may include:
- Your child’s pain and suffering
- Medical costs associated with treating your child’s injuries, including emergency medical care, rehabilitation, surgery, medication, and more
- Permanent injuries and disabilities
- Loss of quality of life if your child’s injuries will continue to affect them in the future
Your child may suffer injuries that lead to ongoing medical conditions. If this is the case, you may face future medical expenses to help your child heal. We will make sure we account for these expenses when we calculate what your case is worth.
Injuries Resulting From a Negligent Child Care Facility that You Can Include in Your Claim
The Journal of Child Health Care reported that the most severe or fatal child injuries occurring in child care facilities involve a fall from a playground structure. Usually, a fall results in severe fractures or concussions.
Along with falls resulting in fractures and brain injuries, a negligent child care facility may put children at risk for suffering:
- Broken limbs
- Spinal injuries
- Emotional trauma
Child care facilities should implement safety procedures and train their staff to follow certain guidelines. If your child suffered injuries due to a facility’s failure to provide a safe environment, we can work to hold the liable party accountable.
How We Can Help You Build a Strong Case Against Those Responsible for Your Child’s Injuries
When you work with one of our injury lawyers, we handle every aspect of your case from beginning to end. Whether you are filing an insurance claim or lawsuit, we can take the weight off your shoulders while you focus on caring for your child.
Investigating Your Case
When we investigate a child care facility, we can determine the cause of your child’s injuries and identify the liable party. Sometimes, a facility itself bears the liability, but you may also be able to pursue compensation from a staff member who cared for your child directly.
Gathering Necessary Evidence
We can research previous incidents that occurred at the facility to gather evidence of negligence or abuse. Chances are, if your child suffered abuse or neglect, it may not be the first occurrence at the facility. We can interview eyewitnesses and call in experts to demonstrate the responsibility of the facility or caregiver.
Calculating Your Damages
Injuries resulting from negligence or abuse can come with long-lasting consequences, and we want to make sure a potential settlement fairly compensates you for your child’s suffering.
We can calculate both economic and non-economic losses by using a couple of different methods. Ultimately, our aim is for you and your family to suffer no further harm as a result of a child care facility’s negligence.
Negotiating for Fair Compensation
We can prevent you from accepting an initial settlement that will not fairly cover your losses. After assessing your damages, we can negotiate with an insurer or liable party to seek an appropriate sum.
We can handle all of the paperwork and communications between the insurer or the liable party’s defense team. This leaves you more time to focus on your child.
Filing a Lawsuit on Your Behalf
Sometimes, insurers refuse to honor your claim or undervalue it, despite the evidence we present to them. If this happens, we can take your case to court by filing a lawsuit. We will try your case to a jury verdict if necessary.
As with an insurance claim, we will complete all the necessary paperwork and abide by any relevant deadlines for taking legal action.
How Can You Afford a Lawyer with our Firm?
We want you to be able to focus on helping your child heal from their injuries. Seeking compensation should not further burden your family. This is why we take cases on a contingency-fee-basis.
This allows us to begin working on your case immediately, and you will not have to worry about affording legal representation. If we cannot secure a settlement or court-awarded offer, we will not charge you for our services. Additionally, we offer free consultations to help you determine whether you have a case and what it may be worth.
Previous Verdicts our Firm has won in Childcare Negligence Cases
Aside from child care facility cases, our firm handles other personal injury cases, including car accidents, premises liability, and construction accidents. We are proud to serve victims of negligence, and we have helped several of our clients secure verdicts and settlements to address their losses.
Some of the verdicts we have secured for our clients include:
- $6.6 million for a child injured in a car crash
- $5 million for a premises liability case involving a fall from an elevator shaft
- $3.5 million for an injury a woman suffered in a subway car
- $2.4 million for an injured bicyclist
Take advantage of our free consultations to discover what one of our New York child care facility lawyers can do for you. You may have legal options you are currently unaware of, and there is no risk with an obligation-free consultation.
Federal and State Requirements Child Care Facilities Must Follow
Often, daycare negligence tends to go unnoticed until it is too late. Both federal and state laws have been implemented and set out daycare negligence lawsuit standards that have to be followed by all these institutions and facilities. These standards include:
- Providing adequate oversight
- Removing known dangers
- Maintaining the right caregiving items in cases of emergency
- Providing adequate access to water
- Maintaining a proper caregiver to child ratio
- Adhering to proper safety standards
- Maintaining ease of access to first aid tools
- Properly portioning food as stated in a prescribed schedule
- Implementing adequate safety measures to prevent a child from wandering or departing the facility without authorization
- Providing proper bathroom facilities
- Establishing policies that forbid all forms of mental, physical, sexual, and emotional abuse
Failure to abide by these standards can result in legal liability should a child come to harm.
Call for a Free Consultation Today with One of our Attorneys
If your child has suffered an injury or death due to child care negligence in a childcare facility, we will work diligently to uncover the cause and hold the appropriate parties accountable. We work to seek fair compensation for the injuries.
Our lawyers advocate for victims of negligence in child care facilities, and we want to see how we can help you with your case. We serve the NYC Metro area and surrounds. For a free consultation, please get in touch online today or give us a call.