What to Do If Your Child Was Injured at Daycare

Many parents have jobs and other responsibilities requiring their daily attention. They can’t stay home with their children and must drop them off at daycare. Parents trust the staff at these facilities to care for their kids and ensure their health and safety. However, accidents happen.

Taking legal action might be necessary when a child gets injured at daycare. Although some incidents are no one’s fault, others are due to the property owner’s or an employee’s negligence. Pursuing compensation is more complex than you think. You must follow state laws and specific steps to hold the negligent party liable for your kid’s injury.

Get Your Child the Medical Care They Need

Among the most critical steps you must take after your child gets hurt at daycare is to take them to the doctor. They require an examination to diagnose their injury and determine the type of treatment necessary to recover.

Most daycare facilities have on-site professionals with training in basic medical assistance. However, they can’t treat severe injuries. After picking up your child, take them to a nearby hospital or physician for a thorough medical evaluation.

Be sure to bring your son or daughter to all follow-up appointments the initial doctor recommends. Deviating from the treatment plan can cause further harm and negatively affect the case.

Obtain Visual Evidence

You can take videos and pictures of your child’s injuries to document their suffering. Begin on the incident date and take photos during their recovery to show their progress.

Securing footage from a security camera might benefit your case. It could show your child playing on the playground without supervision or not receiving adequate medical attention after falling down the stairs.

Talk to Witnesses

One or multiple people might have seen what happened. You should try to track down eyewitnesses and obtain statements from them. They can recall the sequence of events and inform you of who is at fault. They might indicate what contributed to the accident, such as an inattentive employee or dangerous property conditions.

Collect Medical Evidence

Medical records are crucial after a daycare accident. You should collect all documentation of your child’s injuries during treatment. Keep a copy of their hospital reports, diagnostic test results, physical therapy notes, and billing statements. You strengthen the case when you have more medical records to prove the extent of the injury and incurred expenses.

File an Incident Report

You should not inform the daycare center of your intent to pursue legal action against them. That will allow them to potentially destroy evidence.

However, you should promptly file an incident report with the owner or management. The incident report is the first document outlining the details of the accident, your child’s injury, and other relevant facts. Make sure you get a copy of the completed report.

Hire a Lawyer

Although you can file an injury claim or lawsuit against the daycare facility without a lawyer, hiring one is beneficial. An experienced daycare injury attorney can explore all legal options and advise you of the strategies suited to your child’s needs. They can prepare a case to bring against the negligent party and aggressively pursue maximum compensation.

Seeking legal representation from the beginning is essential. Without a lawyer, the insurance carrier will likely take advantage of you and deny your claim or offer a lowball settlement. If you don’t understand your child’s rights or the value of their case, you might accept any money you can get.

Get Help Fighting for Justice for Your Child

You don’t have to go through this devastating experience alone. Let The Mandel Law Firm help you advocate for your child and seek a favorable outcome. 

Call us at (646) 779-1441 for an initial consultation if your son or daughter got hurt at daycare in New York City due to someone else’s negligence.