Horton & Mendez, Injury & Car Accident Attorneys is a Wilmington daycare injury lawyer. We represent children and their families when harm occurs in a daycare facility.
Your child may deserve compensation. Our daycare injury lawyers can represent your child in the claims process, investigating, building the claim, and pursuing compensation.
Daycare Accident Lawyer, Wilmington, NC
If you need a daycare accident lawyer, contact us. Our Wilmington, NC law firm may assist you.
Call or message us for a legal consultation and to see how a daycare injury lawyer can help.
We’re taking new cases now.
Daycare Injuries in NC
In the 2021-22 fiscal year, 630 children suffered serious injury in North Carolina daycare settings. One in 350 children in NC family childcare homes, childcare centers, and exempt religious-sponsored childcare centers suffered a serious injury in the year.
A daycare injury can change a child’s life and can impact the entire family.
Impact
- Physical pain
- Emotional anguish
- Confusion for a young child
- Mobility impairment
- Delayed development
- The need for intensive medical care and physical therapy
- Special education needs
- Expenses for medical care
- Personal care needs for the child
- Worry and uncertainty about the child’s future
Families may pursue compensation for financial loss and pain and suffering related to the injury.
Compensation may include projected future expenses due to a serious injury.
Common Injuries in Daycare Settings
- Blunt trauma from falling or other trauma, resulting in broken bones, bruises, and soft tissue damage
- Choking on small objects or food
- Burns —Contact with hot objects, hot liquids, or improperly stored chemicals
- Allergic reactions—Failing to protect a child from allergens or staff not recognizing symptoms
- Poisoning—Ingestion of harmful and toxic substances
- Cuts—Exposure to sharp objects
- Traumatic brain injury—From falling, being hit, or struck by an object
- Drowning—From a pool, pond, bathtub, sink, or other water source
- Bites—Dogs and other animals that may bite a child
- Illness—Causing an illness or making it more serious
- Spinal cord injury—Resulting from severe trauma, may cause paralysis
- Death—From accidental or intentional harm
When Is a Daycare Liable for a Child’s Injury?
A daycare is liable for a child’s injury if the daycare is negligent or reckless, causing harm. The question is whether the daycare was reasonable in preventing injury and accidents. It depends on what happened, why it happened, and whether the daycare did enough to prevent harm. The law recognizes that young children attend daycare and that they need constant supervision and assistance.
Daycare lawsuit liability may be based on several factors.
Dangerous conditions
The daycare facility may expose children to danger, including sharp surfaces or objects, items that create a choking hazard, dangerous toys and furniture, bodies of water, or chemical dangers. There may also be a lack of fall protection or safety latches. To evaluate the case, determine what happened and the underlying causes. Then, determine if conditions were unreasonably dangerous.
Lack of supervision
Children in daycare need supervision. Supervision must include protecting children from danger and responding when there is a concern. Caregivers must assess needs, prevent harm, and respond to incidents appropriately.
Staffing may be inadequate, poorly trained, or distracted, resulting in a serious daycare injury.
Inadequate hiring and retention
The legal duties of a daycare extend to employee hiring and supervision. A worker who is unqualified due to a lack of ability or past incidents may make the daycare legally responsible. In addition, keeping a worker on staff after previous concerns may result in legal liability.
Basis for daycare injury liability
The basis for daycare injury liability is usually negligence. The family must prove:
- Duty of care: Daycare facilities must provide reasonable care to children.
- Breach of the duty of care: Negligence or other misconduct occurred.
- Proximate cause: Acts of negligence resulted in harm to the child.
- Damages: Compensation for injuries is due.
Understanding Negligence in Daycare Injury Cases
Negligence depends on the circumstances. The law can’t anticipate all harm that could occur.
Instead, a case is evaluated against a reasonableness standard. You may rely on experts and other evidence to show an unreasonable risk of harm.
What Evidence Is Needed to Support Your Claim?
Evidence must establish each element of a daycare injury claim. The evidence needed depends on the circumstances.
You may need witness testimony from workers. An inspection, tests, and expert testimony may be important. Medical evidence may establish the causation of injury, the extent of injuries, and the medical prognosis.
A Wilmington, NC, daycare injury lawyer can build evidence and present your case.
What Compensation Can Parents Recover After a Daycare Injury?
Parents can recover economic and non-economic compensation following a daycare injury.
Financial losses may include medical bills and time taken off work to care for a child. The child may be compensated for physical pain, emotional anguish, disfigurement, and distress. If the child has future needs, including physical therapy and personal care, these costs may be claimed.
A young child who is injured may suffer the effects for many years or a lifetime. This long-term impact may be reflected in a claim. Parents or guardians may initiate a case on the child’s behalf.
How To Report a Daycare Injury in North Carolina
If a child may have serious injuries because of a daycare injury, call emergency responders.
Seek immediate medical attention. Provide first aid and follow responder instructions until help arrives.
Report the injury to the North Carolina Division of Child Development and Early Education (DCDEE) complaint line. You can report online or by phone. See all ways to file a complaint.
If a crime may have occurred, call the police.
You may report a daycare injury to the NCDHHS Child Protective Services.
Why You Should Consult a Wilmington Daycare Injury Lawyer
The financial compensation that your child may receive for a daycare injury can help your family.
But the process can be difficult. You must determine what occurred, build the evidence, and pursue the case through the legal process. Even though your child is the victim, it’s up to you to prove the case and pursue it.
A Wilmington daycare injury lawyer is a professional who can represent your interests and pursue your claim efficiently. We invite you to contact our lawyers for a consultation today.
Talk to a Lawyer
When a daycare injury changes your child’s life, compensation can help your child and your family. A Wilmington daycare injury lawyer can guide you through the legal process.
Horton & Mendez, Injury & Car Accident Attorneys, is taking new daycare injury claims.
If your child has been hurt, call or message us now.
