Every day, parents and guardians trust daycare facilities and their workers with the care of their most precious gift – their children. Sadly, a child in daycare can be seriously injured and require emergency medical treatment. Concussions, broken bones, or worse, can befall a child under the care of a daycare facility.
If your child was seriously injured at a daycare in Chicago, we urge you to contact our daycare injury lawyers at Horwitz, Horwitz & Associates immediately. Our team of Chicago personal injury attorneys will help you pursue justice for what occurred.
Types of daycare injury cases
Unfortunately, we’ve seen many examples of heartbreaking injuries associated with daycare. These are just a few.
Children sometimes suffer severe cuts, broken bones, or head injuries in daycare facilities. These are typically the result of unsafe conditions or negligent supervision, leading to falls or other accidents.
Emotional trauma can be just as devastating as a physical injury. It can occur due to psychological distress resulting from neglect, bullying, witnessing violent incidents, or any other traumatic event at the daycare. This trauma can lead to anxiety, behavioral changes, or long-lasting emotional effects.
Any kind of harm a child experiences at daycare can be horrible, of course. But sexual abuse is particularly horrifying. It involves any sexual activity or behavior inflicted upon a child by a staff member, another child, or anyone associated with the daycare. It can cause severe psychological trauma and long-term emotional consequences.
Negligent supervision occurs when daycare staff fails to adequately monitor and supervise children, resulting in accidents or injuries. It could involve inattentiveness, lack of proper safety protocols, or failure to address individual needs or prevent conflict. Even when small children fight, the potential for severe injuries is always present.
Children love to play, obviously, whether they’re in school, at home, or at a daycare facility. Daycare playground accidents, however, can severely hurt a child. In many instances, these occur due to unsafe equipment, lack of maintenance, inadequate supervision, or failure to provide a secure play environment.
Food poisoning or allergies
This daycare injury case involves children becoming ill from consuming contaminated or improperly prepared food. It can also include allergic reactions caused by the daycare’s failure to address known allergies or provide appropriate food accommodations.
Facility personnel sometimes transport children to and from the daycare during field trips. Like any car accident, there are several ways this can happen. For example, the daycare worker might have been distracted because they used their phone instead of focusing on the road. They could have been speeding and lost control of the vehicle.
How daycare injuries occur
It is inexcusable to have a child sustain a severe injury at daycare when regulations are known and basic safety measures should have been followed.
Our Chicago daycare injury lawyers know how precious your children are to you. If the unthinkable happens and your child is injured while at daycare, you may have options for pursuing legal action to recover compensation.
A child can be injured while under the care of a daycare facility due to any of the following:
- Unsafe playground facilities
- Loose or missing handrails
- Harmful chemicals within reach of children
- Medication within reach of the children
- Unsafe toys
- Sidewalks, parking lots, or sidewalks which are not properly maintained
- Unsafe facilities, including hallways, doors, or walls
- Furniture which is not properly secured
- Ladders or tools which are not properly stored
- Wet floors
- Inadequate supervision of children
Illinois daycare safety regulations
There are guidelines for daycare workers, teachers, and assistants to ensure the safety of children under the care of these facilities. You have a right to expect that those rules will be followed.
Adequate supervision is of utmost importance in maintaining a license – and running a safe facility. A daycare center that fails to meet this duty can be held accountable in a court of law.
Don’t miss the deadline to file your daycare injury claim
Like all states, Illinois sets a deadline for taking legal action through a personal injury lawsuit. This deadline is known as the statute of limitations, which in our state is two years from the date the accident occurred.
But you should speak with a Chicago daycare injury lawyer immediately so they can investigate to determine what happened. The earlier the investigation begins, the better the chances your attorney will be able to collect critical evidence before it disappears.
Possible damages you can claim
There are two main types of damages you can pursue through a daycare injury lawsuit, economic and non-economic.
Economic damages include all of the expenses associated with the accident. These include all bills for medical treatment, including ambulance transportation, surgery, medications, doctors’ visits and others.
While economic damages are very easy to prove, non-economic damages are not. These include mental distress, pain and suffering, and others. You’ll need the help of an experienced Chicago daycare injury lawyer to obtain compensation for these subjective damages.
How to find the right Chicago daycare injury lawyer for your needs
Time will be of the essence when choosing a Chicago daycare injury lawyer. However, you’ll also want to do your due diligence.
Start by seeking recommendations from trusted sources, such as friends or family. Research potential lawyers’ experience and expertise in personal injury or daycare cases. Schedule consultations to discuss your case and evaluate their communication style and approach. Finally, consider their track record and reputation.
Parties who may be liable for a daycare injury
There are many choices for daycare in Chicago, ranging from small, in-home facilities to larger facilities similar to schools. Each of these facilities is required to meet specific standards to protect the safety and health of children.
When a child is injured due to negligence, those responsible must be held accountable, and a Chicago daycare injury lawyer can help you in the process. Here are just a few of the parties that may face liability for your child’s injury:
The daycare facility
The daycare facility itself may be held liable for injuries if they failed to maintain a safe environment or violated regulations. This includes inadequate supervision, unsafe premises, or improper hiring and training practices.
Individual daycare staff members can be held accountable if their actions or negligence directly caused the injury. This could involve failure to supervise, engage in appropriate care, or address hazards.
If the daycare facility hires outside contractors for services such as transportation or maintenance, they may be held responsible for any injuries resulting from their negligence or substandard services.
How our Chicago daycare injury lawyer proves liability
At Horwitz, Horwitz & Associates, every Chicago daycare injury lawyer on our staff is well-versed in investigating accidents. This process typically involves reviewing documents, gathering witness statements, and examining any available surveillance footage or photographs. This helps establish the facts and circumstances surrounding the injury.
In complex cases, we may call upon expert witnesses such as daycare safety specialists, medical professionals, or psychologists. These experts can provide professional opinions and analysis to support the case and demonstrate how the daycare’s actions or negligence contributed to the injury.
Daycare injury lawsuit process
If you’re considering legal action, it’s only natural that you’d want to know what to expect. Here’s some quick information on some of the most important steps of a lawsuit.
1. Legal consultation
Your Chicago daycare injury lawyer will gather information about the incident, assess the case’s viability, and guide your legal rights and options.
2. Accident investigation
The investigation, as noted above, involves gathering evidence, reviewing documents, interviewing witnesses, and possibly consulting with experts to establish liability and build a strong case.
3. File demand for compensation
Once your attorney determines all liable parties, they’ll send demand letters. These letters will go to each liable party’s insurer or legal representative. The letters will outline the injuries, damages, and losses suffered by the child and seek appropriate financial compensation.
Your attorney will then negotiate with the insurers or lawyers, considering factors such as medical expenses, pain and suffering, emotional distress, and future care costs. The purpose of the negotiation process is to reach a mutually agreeable settlement without going to trial.
5. Take the case to trial
The vast majority of cases settle. But there are instances where a case will go to trial. This involves presenting the evidence, witness testimonies, and legal arguments to a jury.
Why it’s important for your child to visit the doctor
Your child will need medical help to make sure they get the treatment they need. The doctor’s evaluation and medical records will also provide the necessary legal evidence to validate your child’s personal injury case.
Why work with Horwitz, Horwitz & Associates?
A Chicago daycare injury lawyer with Horwitz, Horwitz & Associates will fight passionately to help you achieve justice for the terrible suffering your child experienced. We have a long track record of success, and we’re ready to put our extensive knowledge to work for you.
Chicago daycare injury lawyers you can trust
There are few more frightening life situations than an injured child. If the injury occurred at a daycare facility, the responsible parties must be held accountable.
At Horwitz, Horwitz & Associates, we are a premier personal injury law firm in Chicago, responsible for recovering what was the largest verdict in state history. You can trust our Chicago personal injury attorneys to pursue the maximum possible in your case. Let us help you. Contact our daycare injury lawyers in Chicago today at (800) 985-1819.