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Jan
2023

What To Do If My Child is Injured at Daycare? 

on  Personal Injury

Discovering that your child has gotten hurt at daycare is a nightmare most parents never want to experience. After all, you trusted the daycare to care for your child and to safeguard their health. When they fail to keep your child safe, you might feel anger and frustration towards the daycare center for not providing a safe environment for your child. You may also worry about the long-term effects of the injury on your child’s health and well-being and the medical bills that will follow. 

When your child suffers an injury at daycare, the steps you take as a parent can significantly impact their future. Knowing what to do and how to protect your child’s legal rights can help you and your family navigate the aftermath of a daycare injury. 

Hiring a Miami personal injury lawyer can make this easier and take some of the burdens off your shoulders. While your lawyer investigates your child’s accident, gathers evidence, and interviews eyewitnesses, you can focus on what truly matters most – your child’s health and well-being. 

Steps to Take After Your Child Suffers a Daycare Injury

As a parent, if you discover that your child has suffered an injury at daycare, try to remain calm and take the following steps:

Seek Medical Attention

Seek immediate medical attention for the child to ensure that their injuries get treated correctly. Even if you do not believe your child suffered severe injuries, it is important to have them evaluated by a medical professional. Document all their injuries, as well as the treatment provided.

File an Incident Report at Daycare

Parents should inform the daycare center of the incident and ask for an explanation of what happened. Request any relevant incident reports or surveillance footage, if available, and ask for a copy of the incident report. 

You can also file a complaint with the Florida Department of Children and Families. This office investigates complaints against childcare services, including inadequate supervision, improper training, and accident/incident reporting issues. If you believe your child was the victim of abuse, you must report this abuse to the Florida Abuse Hotline

Gather Evidence

Gathering evidence is critical after a daycare injury. Daycare workers are likely to try and downplay the incident to avoid liability. Take photos of the injuries and keep meticulous medical records. Do not wash the clothes your child wore when the accident occurred. Instead, preserve these items, especially if they contain blood, secretions, or other liquids. This evidence can help prove abuse or injury.  

Find Eyewitnesses

Someone saw something. If you can, find all eyewitnesses and gather their contact information. This may include other parents, as well as coworkers and caregivers. Your attorney can reach out to those eyewitnesses and get their statements. These statements can be critical to the success of your case as they may help prove negligence or abuse. 

Consult a Miami Daycare Injury Attorney

If the injury was caused by negligence on the part of the daycare center, you and your family should consider contacting an attorney with considerable experience litigating child injury cases.  Your attorney will be able to guide your family through the legal process and take any necessary legal action.

Find a New Daycare

After the incident, you might consider finding a new daycare center to provide your child with a safer environment. You may feel that the daycare center was negligent in protecting the children in their care or that the center needs to be adequately equipped or staffed to prevent similar incidents from happening. Finding a new daycare can help put your mind at ease after your child suffers a serious injury. 

Is the Daycare Liable for My Child’s Injuries?

Generally, daycare centers in Florida have a legal duty to provide a safe environment for the children in their care and to take reasonable measures to protect them from harm. If a daycare center fails to fulfill this duty and a child is injured, the daycare center may be held liable for the child’s injuries.

However, it’s important to note that the daycare center is not automatically liable for any injury that occurs. You and your attorney must show that the daycare center was negligent in its duty of care, meaning that caregivers failed to take reasonable steps to prevent the injury from occurring or failed to take appropriate action after the injury occurred.

Can I File a Lawsuit If My Child Got Injured at Daycare?

It is possible to file a lawsuit if your child gets injured at daycare, but whether it is appropriate depends on the details surrounding your child’s injuries. 

If you believe your child’s injury was caused by negligence on the part of the daycare center, you should contact an attorney immediately. Your attorney must evaluate your specific case and advise you on your legal rights and options. Filing a lawsuit can be a complex and time-consuming process, and it may not be the best option for every case. An attorney can help you understand the pros and cons of filing a personal injury lawsuit against the daycare and guide you through the process if you decide to proceed.

What if I Signed a Release of Liability Waiver?

A release of liability waiver is a document that daycare centers often ask parents to sign when enrolling their children in a daycare center. It is a legal document in which the parents agree to release the daycare center from liability for any injuries or damages that may occur while the child is in their care. The design of these waivers is to deter parents from filing claims and lawsuits when their child suffers an injury. 

If you have signed a release of liability waiver and your child gets injured at daycare, you may still be able to file a claim. Most courts will rule that the release form is invalid when a daycare’s negligence causes your child’s injuries. Parents cannot sign away their child’s rights to seek compensation, and negligent institutions, such as daycare centers, can be found liable for the harm they have caused.

For these reasons, it is crucial to speak to an experienced child injury lawyer as soon as possible. Your attorney will be able to explain your legal options to you, so you can help your child and your family pursue justice. 

Contact Our Miami Daycare Injury Lawyers Today

If your child suffers an injury at daycare, you need someone on your side who can fight for you and your family’s future. Miami personal injury lawyer Prosper Shaked can work quickly to hold negligent and irresponsible daycare providers accountable for the harm your child has suffered. For a free consultation on your case and help understanding your options, call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676 or fill out our confidential contact form