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Home » Personal Injury » Daycare Injury Lawyer

Daycare Injury Lawyer

A daycare center.

Nadrich Accident Injury Lawyers represents children who have been injured due to the carelessness of daycare centers.

If your child has been injured at a daycare center, you may qualify for a daycare negligence settlement which will provide financial compensation for medical bills, future treatment, lost wages, pain, suffering and more. A daycare injury attorney at our firm can provide you with a free consultation, explore your legal options with you and explain your legal rights.

Daycare centers are meant to be safe places to leave children. However, injuries sometimes occur and parents have rights to seek compensation for these injuries.

Why Hire Nadrich Accident Injury Lawyers

  • Over 30 Years of Experience: Our legal team has been handling daycare injury cases since 1990.

  • Proven Results: We’ve recovered more than $750,000,000 for clients across California.

  • Specialized in Daycare Injuries: We’ve handled countless cases like yours and know how to recover the fair compensation for your child.

  • Access to Medical Care: If you can’t afford treatment for your child’s injuries, we can connect you with doctors who don’t charge until your case is resolved.

  • No Upfront Fees: You pay nothing unless we win.

  • Contingency-Based Fees: Our only fee is a percentage of your recovery – no out-of-pocket costs, ever.

When a daycare facility fails to keep your child safe, you shouldn’t be stuck with the bill. Call us today for a FREE consultation at (800) 718-4658 or contact us if your child was injured due to the carelessness of a daycare center.

Table of Contents

  • When to File a Daycare Injury Lawsuit
  • Who Is Liable for My Child’s Daycare Injury?
  • Common Daycare Injuries
  • Common Causes of Daycare Injuries
  • Signs of Child Abuse at a Daycare
  • How Much Is My Daycare Injury Lawsuit Worth?
  • What if I Signed a Waiver?
  • What to Do After Your Child Is Injured at Daycare
  • How Our Daycare Injury Attorneys Can Help
  • Contact Us Today

When to File a Daycare Injury Lawsuit

You may qualify to file a personal injury claim when daycare negligence occurs.

Negligence occurs when a daycare center fails to met the standard of care for children which is expected, leading to a child’s injuries or harm.

Daycare centers have a legal duty to provide an environment which is safe for children. If a daycare center breaches this duty and an injury occurs as a result, they may be held liable via a daycare negligence lawsuit.

To successfully establish a case involving daycare negligence, you need to prove:

  • Duty of care: You have to demonstrate the daycare center was legally bound to make sure that your child was safe.
  • Breach of duty: You have to prove that the daycare failed to meet its duty of care through inaction or carelessness.
  • Causation: You need to prove that a direct link exists between your child’s injury and the daycare’s negligence.
  • Damages: You need to prove that your child endured actual harm. This can include physical injuries, financial losses such as therapy costs and your child’s medical bills, or emotional distress.

Common types of negligence by a daycare facility include:

  • Inadequate supervision: This is when daycare providers fail to constantly provide supervision. This can lead to daycare accidents like equipment injuries, falls or children wandering from the premises.
  • Unsafe facilities: This is failing to maintain a safe environment, including the facility, play areas and equipment. Examples include failing to remove broken playground equipment, sharp objects or toxic substances.
  • Neglect of medical needs: This is failing to attend to things like the medication needs, chronic conditions or allergies of children. This can also be failing to administer necessary medical care.
  • Abuse and neglect: This includes any form of verbal, emotional, sexual or physical abuse by daycare staff or by other children. An abuse lawsuit can be filed even if criminal charges aren’t filed.
  • Poor staffing: This is a poor staff-to-child ratio, inadequate background checks or a lack of proper staff training.
  • Inadequate care: This is failing to provide adequate water, food or hygiene, as well as neglecting the basic psychological, emotional or physical needs of a child.
  • Unsafe practices: This is failing to follow needed safety measures or legal regulations, or failing to conduct adequate background checks on employees.
  • Negligent hiring/training: This is failing to provide proper training or hiring untrained staff.
  • Careless actions: This is reckless behavior by the staff which contributes to injury.
  • Ignoring abuse or injury: This is failing to report or address signs of serious injuries or child abuse.

Call us today for a FREE consultation if your child was injured due to the negligence of a daycare center.

Who Is Liable for My Child’s Daycare Injury?

Parties who could be liable for your child’s daycare injuries include:

  • The daycare center: The daycare center may be held liable when it fails to provide appropriate precautions, adequate supervision or a safe environment in order to prevent children from being harmed in a foreseeable manner. This includes situations involving safety protocols not being followed, facilities being poorly maintained, or negligence by daycare employees.
  • Individual staff members: Individual staff members can be held liable in daycare negligence cases if their inactions or actions directly contributed to your child’s injury. This can involve failures to address hazards, physical abuse or inadequate supervision.
  • Third parties: Third parties can be held liable for daycare injuries. This can include contractors who do repairs or maintenance, the manufacturers of defective equipment, or others whose negligence or actions contributed to your child’s injuries.
  • Property owners: When daycare centers operate on leased properties, property owners may be liable for injuries which happen due to unsafe conditions or hazards on the property, particularly when they know about the risks but fail to address them.

Common Daycare Injuries

  • Falls
  • Cuts
  • Broken bones, which are commonly caused by defective playground equipment
  • Poisoning
  • Burns
  • Traumatic brain injuries
  • Choking
  • Bites
  • Drowning
  • Sexual abuse
  • Electrocution
  • Allergic reactions

Call our experienced attorneys today for a FREE consultation if your child has experienced any of the above injuries at a daycare center.

Common Causes of Daycare Injuries

A child and some crayons.

  • Improper storage of medications or cleaning chemicals, letting children access them
  • Unprotected entryways and stairwells
  • Storing sharp instruments like knives, razors or scissors in accessible places
  • Poorly manufactured or decaying furniture
  • Badly maintained daycare vehicles
  • Children being subject to unusual or corporal punishment, intimidation, humiliation, coercion, ridicule, mental abuse, threat or other punishments
  • Using recalled toys, furniture or cribs
  • Poorly storing items which can fall up high
  • Cracks in floors
  • Unsafe playground equipment
  • Broken or defective toys
  • Worn chairs or desks
  • Inadequate immunizations
  • Inadequate supervision

Signs of Child Abuse at a Daycare

Signs of daycare abuse or negligence include:

  • Unexplained injuries: Frequent cuts, scratches or bruises.
  • Behavioral changes: Your child shows increased aggression, anxiety or fear.
  • Fear of certain individuals: Your child shows an unusual fear of a certain person at the daycare center.
  • Poor hygiene: Your child arrives at home with signs of poor hygiene like dirty hands or an unchanged diaper.
  • Unexplained thirst or hunger: Your child seems unusually thirsty or hungry when picked up.
  • Poor communication: The staff of the daycare center is evasive about the well-being of your child, or is hard to get info from.
  • Sexualized behavior: Your child is acting out in ways which are not age-appropriate, or displays knowledge of inappropriate topics which they shouldn’t have knowledge about.

If you notice these red flags, document them carefully and raise concerns to protect your child.

If you discover that your child was abused, a lawyer can help you hold the perpetrators accountable.

If you discover your child was sexually abused, our experienced sexual abuse lawyers have handled countless cases like yours and can help make sure you recover the justice and compensation your child deserves.

How Much Is My Daycare Injury Lawsuit Worth?

The values of daycare injury lawsuits vary significantly. Sums can be small when minor injuries occur, and cases can be worth millions of dollars when a child suffers life-altering or severe harm. There is no set or fixed “average” amount, though. The value gets determined by the injury’s specific details as well as the injury’s long-term consequences.

Factors which influence the value of a daycare injury lawsuit include:

  • Injury severity: Injuries which are more serious and result in death, long-term health issues or permanent disability will lead to larger case values.
  • Type of harm: Claims can be for emotional trauma, physical injuries or both, and the case value will be influenced by the extent of the damage.
  • Punitive damages: Punitive damages may be awarded in cases of particularly egregious negligence.
  • Long-term consequences: An injury’s permanent impact, like total disability, is critical when determining compensation.
  • The daycare’s insurance company: How much insurance is available will impact the value of your claim.
  • The specific damages suffered: What specific damages were suffered will impact the claim’s value.

Specific damages that our law firm can help you recover compensation for include:

  • Medical expenses: This includes all past and future medical bills related to the incident. This includes costs for future medical needs, ongoing treatments, rehabilitation and immediate care, as well as psychological, emotional or physical therapy for your child.
  • Lost wages: If you have had to miss time from work due to your child’s injuries, we can help you recover compensation for the wages you were unable to earn.
  • Loss of earning capacity: If your child has been left disabled by their injuries, we can help you recover compensation for the loss or reduction to their earning capacity that resulted.
  • Pain and suffering: Our firm can help you recover financial compensation for the physical pain, mental suffering and emotional distress caused by your child’s injuries.
  • Wrongful death: Our law firm can file a wrongful death lawsuit on your behalf if your child died due to injuries suffered at a daycare center.

What if I Signed a Waiver?

Waivers are common and protect daycare centers in the event of harm, but not in the event of negligence.

Daycare centers can be held liable for injuries caused by their negligence even if you signed a waiver.

Things that daycare centers can be held liable for, even if you signed a waiver, include, but are not limited to:

  • Negligent supervision
  • Inadequate staff
  • Lack of training
  • Unsafe facilities
  • Unlawful actions

What to Do After Your Child Is Injured at Daycare

  • Document everything: Keep a detailed record of all conversations, changes in your child’s behavior, and injuries. Keep records of all expenses, including bills and medical treatments. Write down the location, time and date of the injury.
  • Gather evidence: Take pictures and videos of the injury as well as the scene of the accident. Collect relevant documents. Ask if camera footage is available. Collect witness statements. Obtain copies of daycare procedures, policies, and any staff training manuals which are relevant.
  • Seek medical attention: If your child has been injured, get them medical treatment immediately and make sure the injury is documented by the medical records. Tell the medical staff that the injuries happened at daycare so this can be documented. Do this even if the injuries seem minor. Keep records of all treatments, examinations, bills and diagnoses. Listen to instructions from the doctor and make sure your child receives all follow-up care which is recommended.
  • Report to the daycare: Tell the daycare director about it as quickly as you can and ask for a copy of the internal incident report. This report should include details like location, time and how the incident occurred. Ask the daycare center to preserve relevant evidence, like damaged toys or torn clothing.
  • Report to authorities: You can file a complaint with the relevant regulatory bodies in your state, such as Child Care Licensing and Child Protective Services in California. If it appears the negligence is criminal, report the incident to local law enforcement.
  • Contact a lawyer: Consult with a personal injury attorney specializing in daycare injury cases in order to explore legal options and understand your rights. A lawyer can help you to collect evidence, understand your state’s laws, determine liability, and file a lawsuit or claim. A lawyer can also review the procedures and policies of the daycare center, in addition to inspection records, to find safety violations.

How Our Daycare Injury Attorneys Can Help

The lawyers at our firm can help you by:

  • Investigating the incident: We will thoroughly investigate the incident to understand what occurred, whose fault it was, and how your child got injured.
  • Determining liability: We will identify all liable parties to maximize your compensation. This may include the daycare center, daycare staff, or other responsible injuries. Daycare centers and their staff have a legal obligation to act with reasonable care. We will establish that this duty of care was breached.
  • Gathering evidence: We will gather evidence, like photographs, witness statements, incident reports and medical records, to put together a strong case.
  • Pursuing compensation: We will calculate as well as seek financial compensation for damages which include medical bills, pain and suffering, long-term care and support, lost wages for parents, and other costs.
  • Handling insurance and negotiation: We will handle communications with insurers, negotiating a fair settlement which will cover all of your child’s damages.
  • Filing a lawsuit: If negotiations can’t reach a fair settlement, we will sue a daycare center or other liable party and fight for the legal rights of your child in court.
  • Protecting your child’s rights: We will ensure the legal process gets correctly followed and advocate for the best interests of your child.

Contact Us Today

A daycare center.

Our lawyers have been handling daycare injury cases for over 35 years and have recovered hundreds of millions of dollars for our clients.

We can help get your child to doctors who won’t charge a fee until the end of your case, and we won’t charge you any fee to represent you until we win your case.

Call us today for a FREE consultation at (800) 718-4658 or contact us if your child was injured because of a daycare center’s negligence.

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