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FREQUENTLY ASKED QUESTIONS

A. A daycare facility has an obligation to both the parents and child(ren) to provide the best care possible so they do not come to harm. The State of Illinois regulates the standards and quality of daycares as to ensure all rules are being appropriately followed to ensure good care is being provided.

At TorHoerman Law, we work on a contingency basis which means you do not pay us anything until we win your case. Our philosophy is that the client comes first, and you can ensure we are here to help you through a difficult situation.

Yes, you should not only file a police report but also contact the Illinois Department of DCFS, the regulating agency of daycares. Reporting the accident is not only important for if criminal charges will be filed, but it can be used as evidence in a civil lawsuit, too.

What if I Signed a Daycare Liability Waiver?

An accident occurred at the daycare and your child suffered an injury, but the next question in your mind is if the liability waiver you signed could prevent you and your family from receiving compensation for the accident.

But, daycare liability waivers almost never hold any weight in a Chicago daycare negligence lawsuit. Although many daycare facilities require parents to sign liability waivers, they do not legally exonerate daycare providers in the case of an accident or injury. The reason? There have been multiple cases of a judge ruling that a liability waiver should not exempt a daycare or its employees from being held responsible for the accident. In the eyes of the law, the daycare center or employee negligence caused the child to be injured or killed, and a piece of paper does not hold any weight in skirting that responsibility.

Do not let a liability waiver prevent you from filing a daycare accident lawsuit. If you have any questions, your Chicago daycare negligence lawyer can help.

 

What are Common Injuries in a Daycare Accident?

Frighteningly, there are far too many injuries that occur as a result of an accident at a child care facility. In 2015, the U.S. Department of Health and Human Services released statistics relating to daycare accidents. According to the report, nationally, 1,684 children of all ages died at the hands of daycare facilities. The national figure of 1,684 fatalities represents roughly a 6 percent increase in deaths since 2011. The following are the types of injuries typical for a daycare injury:

 

Proving Fault in a Chicago Daycare Lawsuit?

Filing a daycare accident lawsuit will be brought on behalf of your child because they are a minor. If you move forward, you will represent your child in suing the daycare for their negligent actions. Evidence will be required to do so. But, in order to file a lawsuit and receive compensation for the lasting effects of the accident, there are four things that must be proven to show the daycare’s fault.

  1. Duty of Care and Breach – The first step is to define the daycare’s “duty of care” and decide whether that duty was met or not. Daycares have a legally binding duty, set by the Illinois DCFS, to have direct supervision over the children under their care. They also have an obligation to seek direct medical attention for an injured child. If a child is left unsupervised, the duty of the daycare provider is breached. If a daycare provider does not seek direct medical attention after they become aware of the incident then this also a breach of duty.
  2. Causation – After establishing a breach of duty, you must prove that the injury occurred due to this breach.
  3. Foreseeable – Next, you must ask “Could the daycare have foreseen this incident?” The daycare could expect that an unsupervised, young child would injure themselves.
    1. Prima Facie – The first step in any daycare case is to evaluate if prima facie claims exist. Prima Facie is “a legal term used to mean that you have enough evidence to prove something by pointing to some basic facts, but that your proof can be refuted.”
  4. Proof – Finally, there must be documentary or physical evidence proving the claim. Incident reports, medical records, photographs, and testimony can be used as evidence to prove that an injury had occurred exactly as it was claimed.

 

Chicago Daycare Injury Lawyer

Has your child been the victim of a Chicago daycare accident due to the daycare provider’s negligent actions?

An experienced Chicago daycare negligence lawyer from TorHoerman Law Firm is here to help with your accident case. Call for a free, no-obligation consultation.

You can also use our chatbot to receive a free instant online case evaluation to find out if you qualify for compensation through a Chicago daycare accident lawsuit right now.

 

Sunshine Illinois Accountability Project, Illinois Department of DCFS Children and Family Services, sunshine.dcfs.illinois.gov/Content/Licensing/Welcome.aspx.

Tribune Media Wire. “Illinois Ranks No. 3 for Most Expensive Child Care in America: Report.” WGN, Tribune Broadcasting, 18 Apr. 2016, wgntv.com/2016/04/18/the-cost-of-child-care-in-every-state/.

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When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

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