New York Personal Injury Law Blog

Monday, May 9, 2016

Injured at Daycare

Over the past few decades, the number of women entering the workforce has increased dramatically.  With both parents working outside of the home, more children are being cared for at local daycare centers starting at a young age. When parents send their children off to daycare, they expect them to be kept safe and engaged. Unfortunately, this isn’t always the case; each year, thousands of children are injured at daycare facilities across the country. If your child has been injured under the supervision of a child care provider, you may be wondering what steps you should take after the accident.

Following any injury, medical treatment should be your first and foremost concern. Be sure to keep an account of all doctors’ appointments, medications, procedures, and medical records.  You should also keep a log of complaints of pain from your child and retain the results of any tests performed. If there are visible injuries or if the unsafe condition which led to the injury can be seen, be sure to take photos.

The daycare center may have an accident report procedure that you must follow. This will generally consist of a number of forms; be sure to complete these in their entirety and follow the submission guidelines. Following the injury, you should also consult a personal injury attorney to ensure you protect and preserve your rights under the law.  A personal injury attorney can help you to establish that the childcare provider failed to exercise due care to prevent injury to your child. This will require the attorney to assess the circumstance leading up to the injury and how it could have been prevented with proper precautions. All too often, injuries are caused by a lack of supervision or a poorly maintained facility.

An experienced injury attorney can help you file a claim with the facility’s insurance carrier and review any settlement agreements to ensure you are getting the full compensation that you deserve. If the settlement offers are not adequate, your attorney may advise you to proceed with a lawsuit against the negligent care center.

Our law firm will work diligently to ensure your child receives the treatment he or she needs to make a full recovery in addition to helping you obtain the financial means you need to support your child for years to come. 

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