Injuries such as falling, drowning, and head trauma are some of the leading causes of death in children. When a child is injured at a daycare, a parent is left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a lawsuit. Contact an attorney at TorHoerman Law for a free consultation to discuss your case and potential legal action.
You can also use our chatbot below to get an instant online case evaluation to find out if you qualify for a lawsuit right away.
TorHoerman Law’s dedicated team of personal injury lawyers offer a free case consultation and an in-depth discussion of legal options as it pertains to your potential case.
Our law firm is built on competence and attention to detail, and our past results speak to quality of our exceptional legal representation.
We pride ourselves on a strong and involved attorney-client relationship: our personal injury team will keep in constant contact during your case, ensuring aggressive legal action until compensation is won.
Consider hiring a personal injury lawyer from TorHoerman Law in Edwardsville IL. We can help you recover compensation that you deserve.
No, it does not matter that you signed a daycare liability waiver. These types of liability waivers hold almost no weight in court and are often dismissed because they directly contradict the daycare’s duty of care to you and your child.
The duty of care is a legal term to define the understood expectations of the daycare provider when a child is under their care. These expectations can include keeping the child safe, keeping the environment safe for the child, mitigating any injuries to the child, etc.
The first step in filing a lawsuit is to speak with a lawyer. You will answer a few initial questions, and after that, the firm will decide if you have a case that can be pursued. If the answer is yes, they will begin investigating your case to gather evidence to pursue further.
If you believe that you may qualify to file a lawsuit in Edwardsville IL, contact TorHoerman Law to discuss your legal options right away.
Our law firm offers a free consultation to all potential clients and will provide advice on any legal issue you’re dealing with. Contact us for more information.
Before moving forward with a negligence lawsuit, familiarize yourself with the steps in a civil lawsuit.
From there, you must complete a few important steps with the help and guidance of your attorney:
An accident attorney will also help to determine liability for your personal injury claim and explain to the courts how negligence of another party injured your loved one.
With any case of negligent supervision, it’s important for the affected person to seek medical care and attempt to best recuperate from any injury.
If you loved one has suffered from an injury, seek medical treatment right away and follow the instructions of medical personnel. Failure to properly mitigate injuries, with medical issues left unchanged and able to worsen, can result in a dismissal of any legal action, barring certain circumstances.
Gather evidence for your case including any involved names, photos, videos, and receipts. Personal injury cases are won and lost based solely on the evidence provided.
Evidence in a daycare abuse lawsuit includes:
Your injury attorney will examine the facts and evidence to determine who is liable for injuries and damages.
Your attorney will begin assessing damages that you, your family member, or loved one incurred as a result of the alleged abuse.
In many instances, individuals who have endured systematic abuse will choose to list both punitive damages and compensatory damages suffered from the incident.
Typical damages in a lawsuit include:
Your lawyer will work to settle your lawsuit out of court or take it to a jury trial and win a verdict; in either case, the goal is to win compensation that covers the costs of damages.
According to the Center for American Progress, "almost one-quarter (23.4 percent) of kids under the age of five are in some form of organized child care arrangement, which includes daycare centers, nurseries, and preschools."
With a large portion of the country's youth enrolled in child care, daycare accidents are not uncommon.
Before putting your child in the care of another, cross-reference the names of daycares you're contemplating with the Illinois Department of Children and Family Services database.
There is even a quality rating and improvement system for early learning and development programs such as licensed child care centers, Preschool for All, and Head Start programs.
It is also important to note that you should only place your child in a licensed facility. The State of Illinois has strict requirements for licensing daycares and preschools. Licensed childcare facilities also do have a duty of care, or obligation, to prevent accidents from occurring and if they do happen, report those accidents immediately.
There are a multitude of injuries that can occur at a daycare center:
In an unsafe daycare, children can suffer from several accidents - falling from high points, abuse at the hands of others, drowning while unsupervised in a pool, choking on random items, ingesting cleaning supplies, or even electrocution.
If your child was injured while under the watch of a daycare employee or care provider, ensure 911 is called immediately and medical treatment is provided.
Child-care centers are unfortunately places where sexual abuse can occur. The non-profit Darkness to Light published statistics on sexual abuse in child-care centers, finding that of employees who were found to be exhibiting abusive or negligent conduct, 20% committed sexual abuse.
Determining liability for your child's injuries is completely dependent on the specific situation.
Liability could be placed on an employee failed to properly supervise your child. Liability could be determined if a property owner did not keep up their premises, even with the knowledge that it could be potentially dangerous, and a child is injured because of the condition of the site. There can even be more than one person held liable, depending on the circumstances. There is not always a clear-cut answer as to who, or what organization, will hold liability, which is why it is important to discuss your case with a premises liability lawyer sooner rather than later. A premises liability lawyer will be able to help determine the at-fault party in a particular case.
In Illinois, liability cannot typically be placed on a school for any personal injury occurred on their property. Public schools are generally immune to legal action for any accident that happens on their property. A public school cannot be held liable for an accident unless "willful and wanton misconduct" is found to have occurred. Willful and wanton misconduct refers to "a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property." If an accident occurred at a school because of negligent supervision, willful and wanton acts, your lawyer may have to file a notice of claim in order for the lawsuit to be legitimate. Legal action against a public school, school district, or school employees can be complicated. Contact an attorney if your kid was injured on school property.
Navigating legal issues after a traumatic incident such as daycare abuse or negligence can be difficult. Choosing an experienced personal injury attorney to represent you, a family member, or a loved one can be an extra, unneeded stress.
Hiring a personal injury lawyer is an important decision to make as a parent, so you should go into it fully informed. Making an informed decision on legal representation is paramount. When hiring a personal injury lawyer, you should be able to focus on you and your loved one’s well-being and recovery from their injury, while legal representation works hard on your case. An accident lawyer will be able to act on your behalf, doing the following:
Your accident lawyers will fight for you and your rights. At TorHoerman Law, that is our primary objective – fighting for you.
We're not like other attorneys: TorHoerman Law has achieved more than $4 billion in verdicts and negotiated settlements for a variety of cases. Our past results afford us recognition as some of the best personal injury lawyers in Southern Illinois.
We have some of the best personal injury attorneys in the state staffed at our law firm. A number of our attorneys being named Top Lawyers in Illinois including Top 100 Lawyers in the state of Illinois; prestigious awards given through nominations by their peers in the industry. Our focus is based solely on providing competent services and formal legal advice, building an attorney client relationship, and achieving full financial recovery for any injury. From the beginning, we've intended to form a strong attorney-client relationship: you will be kept in the loop on your accident lawsuit, privacy will be afforded for confidential or sensitive information, and we will use our knowledge of the law to reach a settlement that will compensate for your child's injury. TorHoerman Law operates on a contingency fee basis. With working on a contingency fee basis, our clients do not pay legal service fees until they have been fully compensated for their losses. If you do not receive a settlement, our law firm will foot the bill for all legal costs. Consider contacting TorHoerman Law in your search for a daycare accident lawyer in Edwardsville IL.
Our Main Street Edwardsville IL law office is comprised of staff and attorneys that live in the community. We pride ourselves on serving the Edwardsville and Southern Illinois communities and giving back to its residents through events and donation drives. Our law firm accepts personal injury claims in Edwardsville, Glen Carbon, Collinsville, Granite City, Alton, East Alton, Wood River, and more across the St. Louis Area, Southern Illinois, and Missouri. Contact us for a free consultation today – Your friends. Your neighbors. Your Personal Injury Lawyers in Edwardsville IL and St. Louis, Missouri.
THL attorneys practice law in dozens of complex personal injury areas, helping injured people across Illinois, Missouri, and the USA. We provide clients with formal legal advice and will fight for fair compensation while they make a full recovery. We can handle any personal injury claim you direct our way. Reach out to us for a free consultation if you, a family member, or a loved one have been involved in any of the following:
If you do not see your potential case listed above, explore our practice areas pages or contact us for more information, free initial consultation, free case review, and further legal help. We also have law offices in St. Louis, Missouri and Chicago, Illinois. THL’s goal: significant compensation for our clients.
“Child Care.” Governor’s Office of Early Childhood Development, State of Illinois, www2.illinois.gov/sites/OECD/Pages/ChildCare.aspx.
Glynn, Sarah Jane. “Fact Sheet: Child Care.” Center for American Progress, 31 Oct. 2012, www.americanprogress.org/issues/economy/news/2012/08/16/11978/fact-sheet-child-care/.
“Map – Daycare Violations in St. Louis.” FOX2now.Com, 6 Aug. 2013, fox2now.com/2013/08/06/map-daycare-violations-in-st-louis/.
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TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
Top-notch, hardworking attorneys!
A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
They contacted me the next day. Very nice people!
The firm went above and beyond. Thank you for everything.