As a parent, you entrust daycare employees to watch over your child and keep them safe. However, injuries can occur, and when they do, you want to know who is responsible. Sometimes accidents happen, but the facility or an employee might be to blame under specific circumstances.
Pursuing action after your child gets hurt at daycare can be overwhelming. However, you should take immediate steps to protect your rights to compensation. Here, you can learn more about the steps to take after your child gets hurt at daycare and who you can hold liable.
Steps to Take After a Daycare Accident
Prompt action is necessary if your child sustains an injury at daycare. You should follow the steps below to prove what happened and improve your chance of financial recovery.
Bring Your Child to a Doctor
You should take your child to the hospital or family doctor, depending on the severity of the injury. If someone at the daycare saw the accident, ask them for details so the doctor can conduct a proper examination to determine a diagnosis.
You should not wait until symptoms appear or your child seems hurt before getting them the treatment they need. Waiting can delay their recovery and negatively affect the personal injury case. Insurance companies require evidence. If the medical records show a delayed onset of treatment or significant gaps in treatment, the insurance adjuster will likely reduce the value of the claim or deny it entirely.
Once the initial physician diagnoses the injury, they might recommend follow-up care, such as imaging tests, prescriptions, or physical therapy. Listen to their instructions and ensure your child receives the ongoing treatment they need to heal.
Document the Injury
Ask the daycare facility for an incident report as soon as you know about the accident. You must document the injury to make sure there is evidence of what happened. The facility should provide a written account of how the injury occurred.
If the facility doesn’t create a report or refuses to comply with your request, write detailed notes yourself. You can start a journal of the symptoms your child experiences. Note whether the symptoms worsen during specific activities, such as walking.
If your child is too young to vocalize how they feel, pay attention to their behavior. They might cry more than usual or act out of character. Document their behavior to establish that a change has occurred since the accident.
Hire a Daycare Injury Lawyer
You should never pursue a case without hiring an experienced attorney. A personal injury lawyer from The Mandel Law Firm can represent your child. We will review the circumstances of the accident, obtain evidence, and seek maximum compensation.
Who Is Liable for a Daycare Accident?
Determining liability can be challenging. Multiple parties might be at fault for your child’s injury. The most common liable parties in daycare accident cases include:
- Facility – The owner of the facility is responsible for providing a safe place for children. They have a legal duty to hire qualified staff, maintain the premises, and warn of possible dangers. The facility owner can be liable if they fail to fulfill their legal duty.
- Employee – A specific employee might be at fault, depending on the circumstances. For example, you can hold an employee liable for your child’s injury if they weren’t supervising your child at play on a swing set.
- Third-party – Sometimes, a third party’s negligence causes a daycare accident. The manufacturer of defective playground equipment, a maintenance worker at the facility, or the parent of another child could be liable.
Contact a Dedicated Lawyer Today
The Mandel Law Firm has experience fighting for injured clients in New York City. Seeing your child struggling after an accident is devastating. You deserve an opportunity to hold the negligent party liable and recover compensation.
If your child sustained an injury at daycare due to someone’s negligence, call (646) 779-1441 or contact us online for a confidential consultation with a daycare injury attorney today. You can count on us to fight for the justice your child deserves.