Can I Sue if My Child Was Injured at Daycare?

You can sue a daycare if your child was injured due to someone’s negligence. To get compensation from the daycare, you will have to prove that the facility violated a duty of care to your child, which led to their injuries. 

Meet with a child injury lawyer in Fort Myers if you want to sue a daycare. Your attorney will evaluate your case and explain your legal options. If you have grounds for a lawsuit, your lawyer will help you file your claim in accordance with Florida law. 

What to Do to Sue if My Child Was Injured at a Daycare

Seek medical care for your child, document their injuries, and report them to the daycare. Outside of these things, notify the authorities if you suspect that your child’s injuries are related to neglect or abuse. 

Gather statements from staff, parents, or others who may have seen your child get hurt, surveillance camera footage from the daycare if it’s available, and other evidence. If you have a large collection of evidence, it becomes exceedingly difficult to disprove your case.

Choose a child injury attorney who has received dozens of positive client testimonials to serve as your legal representative and advocate. Your attorney will assist you as you go through the process of submitting your lawsuit and help you make informed legal decisions at each stage. 

When Can I Sue if My Child Got Hurt at Daycare?

According to Florida Statute 95.11, you typically have two years to file a personal injury claim or lawsuit. In a child injury case, this statute of limitations can be tolled until age 18. As such, you may have until your child turns 20 to sue the daycare where they were injured. 

In Florida, if you’re a parent or legal guardian of a child, you could sue a daycare center for compensatory damages. Child injury attorneys can determine if you’re eligible for filing a lawsuit and, if so, submit your compensation request promptly. In your lawsuit, your lawyer will position you to recover economic and non-economic damages. 

You could receive damages for medical costs relating to your child’s injuries, lost wages if you have to miss work so that you can care for your child, and other tangible and intangible losses. Child injury lawyers will teach you about personal injury compensation. They will determine your case’s value and work hard to get you compensation that matches your expectations. 

Factors to Consider Before Suing a Daycare for Your Child’s Injuries

Suing a daycare based on your child’s injuries is an opportunity to recover damages for the harm that your child has suffered. However, your lawsuit offers no guarantees.

Thus, personal injury lawyers will advise you to account for the following factors before you proceed with your lawsuit.

Negligence

It is your responsibility to prove that a daycare owed a duty of care, violated this legal obligation, and caused your child’s injuries and damages.

To validate this point, you will have to make it clear to a judge or jury that the daycare didn’t maintain safe premises, didn’t properly train staff members, or committed other negligent acts. 

Evidence

Photos of your child’s injuries, medical records, incident reports, and other evidence will make a difference in your case. If you have a large collection of evidence, a judge or jury may be compelled to award damages.

Or, your evidence could prompt the defendant to offer a reasonable settlement before your lawsuit goes in front of a judge or jury. 

Settling Your Case

If you file a lawsuit and settle your case, a Florida court usually has to approve a personal injury settlement for a child if the net amount exceeds $15,000. At this time, a judge will review the settlement and verify that it is in the child’s best interests. 

Personal injury attorneys will answer any questions that parents and guardians have about suing if their child was injured at a daycare center. Once you file your child injury lawsuit, your lawyer will prepare your case as if it will reach trial. 

Get the Help You Need to Decide Now’s the Time to File a Child Injury Lawsuit Against a Daycare

As you weigh the pros and cons of suing the daycare where your child was injured, remember, your actions today will have long-lasting ramifications. If you sue, the daycare where your child was hurt could be held financially responsible for your child’s injuries. Also, the facility’s staff and management could make meaningful changes to effectively care for children moving forward.

The legal team at Viles & Beckman has over 40 years of combined experience. We empathize with parents and guardians dealing with the aftermath of child injuries that occurred at a daycare.

Trust us to help you sue if your child was hurt at a daycare. Meanwhile, you can focus on providing your child with exceptional care. To learn more, schedule a free consultation.