Hiring a Lawyer for Daycare Negligence [2025 Guide]

What is Daycare Negligence?

Before we go into your legal options and the benefits of hiring a daycare negligence attorney, let’s go over what it means for a daycare facility to be negligent.

Daycare negligence happens when a caregiver fails to provide the level of care and supervision a reasonable person would expect in the same situation.

Different Types of Daycare Negligence

Negligence can take many forms.

Negligence includes:

• Lack of proper safety measures, like the absence of child-proofed areas
• Emotional abuse, including yelling, intimidation, or constant criticism
• Lack of supervision, leading to accidents or children wandering off
• Unsanitary conditions that can cause illness or infection
• Unsafe play areas, like broken equipment or unguarded stairwells
• Unqualified staff with little to no training in childcare or emergency response
• Failure to provide medical care, whether it’s skipping medication or ignoring a medical emergency

These lapses reflect a failure to meet basic expectations, and they may justify legal action if your child is injured as a result.

Why Daycare Negligence Is a Problem

Across the United States, licensed daycare centers are expected to follow strict safety standards, employ qualified staff, and maintain an environment where children are protected from harm.

When they fall short of that duty, the results can be serious or even life-changing.

Daycare Negligence vs. Abuse: What's the Difference?

People often use the words “neglect” and “abuse” interchangeably, especially in emotional situations.

But in legal terms, they have different meanings.

And knowing which applies to your child’s case matters when you’re pursuing a claim.

Both may give rise to a lawsuit, but the path forward depends on how the harm occurred and what can be proven.

What Counts as Negligence?

Negligence refers to a failure to act with reasonable care.

In daycare settings, this might mean:

• Leaving children unsupervised
• Hiring unqualified or undertrained staff
• Ignoring health and safety protocols
• Failing to respond to a medical emergency

The key factor is that the caregiver didn’t intend to cause harm, but their inaction or careless action put a child at risk.

If that failure leads to injury, the daycare center is liable.

What Counts as Abuse?

Abuse involves intentional actions that harm a child physically or emotionally.

Examples include:

• Hitting or shaking a child
• Yelling, threatening, or humiliating a child
• Inappropriate touching or sexual misconduct

Like daycare negligence, daycare abuse cases are civil matters.

Due to the element of intention, however, they may involve criminal charges as well.

Even if a daycare abuse case is treated as a criminal case, a personal injury lawsuit can still be filed to recover compensation for the harm done.

Can You File a Lawsuit for Either?

Whichever happened to your child, the answer is yes.

Whether the harm came from negligence or abuse, you can pursue a civil case.

You just have to prove that:

• The daycare had a duty to protect the child
• That duty was breached
• The breach caused injury
• The injury resulted in damages (physical, emotional, and financial)

A lawyer can help clarify which type of case applies and what legal steps are available.

Can You Sue a Daycare for Negligence?

The short answer is yes.

You can sue a daycare for negligence if its failure to provide reasonable care led to your child’s injury.

These cases fall under personal injury law and rely on proving that the daycare was legally responsible for what happened.

To build a valid claim, however, four legal elements must be established.

Each plays a role in showing the daycare’s liability.

Elements include:

1. Duty of Care
2. Breach of Duty
3. Causation
4. Damages

1. Duty of Care

Daycares are legally obligated to provide a safe environment for children.

This includes proper supervision, clean and hazard-free spaces, qualified staff, and adherence to state licensing requirements.

This “duty of care” exists as soon as you entrust your child to their care.

2. Breach of Duty

A breach occurs when the daycare fails to meet expected standards.

Examples include:

• Leaving children unsupervised near dangerous equipment
• Ignoring signs of illness or injury
• Using physical punishment
• Allowing access to unsecured areas

These actions — or lack of action — may be considered a breach.

3. Causation

It’s not enough to show that the daycare made a mistake.

You must also prove that the breach directly caused your child’s harm.

This is where evidence becomes critical, including witness accounts, surveillance footage, and medical records.

4. Damages

Finally, you must demonstrate that the harm resulted in measurable losses.

These may include medical bills, emotional distress, therapy costs, or long-term care needs.

The more clearly these personal injury damages are documented, the stronger the case.

Why Most Family Members Hesitate to Take Action

Even in cases involving gross negligence, there are families that hesitate to take legal action.

Many parents are unaware of their legal options.

They’re unsure about whether or not they have rights to pursue compensation — or how to go about the claims process.

If your child’s injuries happened in a daycare facility and you suspect negligence or abuse, know that the facility may have legal liability.

So, once you’ve sought medical attention for your child, contact a daycare negligence law firm in Illinois and Missouri.

With a firm handling your claim, you’ll be able to hold a daycare facility liable for your child’s injuries and claim a settlement to pay for any expenses and losses you’ve suffered.

Types of Daycare Negligence Cases Lawyers Handle

Not every bump or bruise is grounds for a lawsuit, but when daycare providers fail to protect children in their care, you have a right to hold them accountable.

There are numerous types of daycare negligence cases.

Common types of negligence cases include:

• Playground Injuries
• Choking Incidents
• Unsupervised Wandering
• Falls
• Burns
• Medication Errors
• Sexual Abuse
• Wrongful Death

Playground Injuries

Improper supervision on playgrounds can lead to serious injuries like broken bones, head injuries, or brain injury in the worst-case scenarios.

Hazards that prove liability include:

• Damaged equipment
• Unsafe surfaces
• Too many children in one area without adequate staff.

Choking Incidents

Toddlers are especially vulnerable to choking on small toys, food, or household items.

A caregiver who fails to monitor meals or follow age-appropriate guidelines for toys may be held liable if a child chokes.

Unsupervised Wandering

Children have been known to slip out of daycare facilities unnoticed, sometimes ending up near streets, bodies of water, or unfamiliar neighborhoods.

When a child leaves the premises without an adult, it’s a clear sign of failed supervision.

Falls

Falls can happen from changing tables, stairs, cribs, or even while walking if the floor is wet or cluttered.

If the environment wasn’t safe or if a child was left unattended, you have sufficient grounds to file a personal injury lawsuit.

Burns

Hot bottles, uncovered radiators, kitchen areas, or cleaning supplies can cause serious burns.

Daycares are expected to child-proof all potentially hazardous areas and keep unsafe items out of reach.

Medication Errors

Whether a child receives the wrong medication, the wrong dose, or a missed dose entirely, the consequences can be severe.

These errors often result from poor communication or untrained staff and may signal systemic negligence.

Sexual Abuse

In the most serious cases, children may be harmed by staff or other children in ways that are criminal in nature.

If a daycare fails to conduct proper background checks or ignores signs of misconduct, it may be held liable for enabling abuse.

Wrongful Death

No family should ever lose a child due to someone else’s carelessness.

If daycare negligence results in death, the law allows surviving parents or guardians to file a wrongful death claim and pursue justice for their loss.

What a Daycare Negligence Lawyer Can Do for Your Case

A daycare negligence lawsuit is just like any civil claim — it follows a timeline and process that you won’t be able to navigate yourself.

To improve your chances of a successful settlement claim, you need to hire a personal injury lawyer with extensive experience in handling daycare neglect cases.

A daycare accident lawyer performs tasks including:

• Investigating What Happened
• Reviewing Staff Histories and Facility Records
• Consulting Experts and Medical Professionals
• Dealing With Insurance Companies
• Filing a Lawsuit if Needed

Investigating What Happened

The first step is getting the full picture.

A lawyer will gather various types of personal injury evidence that may include:

• Incident reports from the daycare
• Surveillance footage (if available)
• Medical records
• Photos of injuries or unsafe conditions
• Eyewitness accounts from staff, parents, or children

The goal is to determine what went wrong and whether the daycare’s actions (or inaction) meet the legal standard for negligence.

Reviewing Staff Histories and Facility Records

A strong case often hinges on what the daycare knew (or should have known) about the risks involved.

Lawyers examine hiring practices, employee backgrounds, and documentation of staff training.

If a staff member had a history of misconduct or lacked proper credentials, that may strengthen your claim.

Facility records and inspection reports can also reveal past violations or patterns of negligence.

Consulting Experts and Medical Professionals

To clearly connect your child’s injury to the daycare’s negligence, lawyers often bring in expert witnesses.

Medical professionals can evaluate the nature and extent of the injury, explain how it likely occurred, and assess long-term effects.

In more serious cases, specialists may provide opinions on future care costs or the emotional impact on your child.

Dealing With Insurance Companies

Daycare facilities typically carry commercial liability insurance, but insurers often aim to minimize payouts or deny claims entirely.

Your lawyer will handle all communication with the insurer, submit supporting documentation, and push back against low settlement offers.

This way, pressure is kept off you as you ensure your child’s needs are taken seriously.

Filing a Lawsuit if Needed

When a fair settlement can’t be reached through negotiation, the next step may be litigation.

Your lawyer will draft and file the complaint, gather depositions, and present evidence in court if necessary.

Many families prefer to avoid trial, but having a lawyer who is prepared to go the distance can improve your leverage during settlement discussions.

What To Expect in the Legal Process

Daycare negligence cases can feel overwhelming, especially when you’re already dealing with the emotional weight of what happened.

Knowing what to expect can help ease some of that pressure.

While every case is different in circumstance and timeline, most follow a clear path.

A lawyer will guide you through each stage while protecting your family’s interests.

Step 1: Free Consultation

Your claim starts with a conversation.

During your initial consultation, the lawyer will listen to what happened, review any documents or evidence you have, and help determine whether your situation may qualify as a daycare negligence case.

This meeting typically doesn’t come with legal fees, and there’s no obligation to move forward.

Step 2: Investigation and Evidence Collection

If you decide to pursue a claim, your lawyer will begin gathering the evidence needed to build your case.

Evidence may include medical records, daycare reports, staff employment histories, and expert input.

The goal at this stage is to fully understand what occurred, how it happened, and who is legally responsible.

Step 3: Filing a Claim or Lawsuit

Next your lawyer will file a claim or lawsuit.

Once the investigation supports your claim, your lawyer may either by:

• File a claim with the daycare’s insurance company, or
• File a formal lawsuit in civil court

The choice depends on the specifics of the case, the strength of the evidence, and whether the insurance company is willing to negotiate in good faith.

Step 4: Negotiation and Settlement Talks

Many daycare negligence cases settle outside of court.

Your lawyer will handle discussions with the insurer or the daycare’s legal team, working to secure a settlement that reflects the full scope of your child’s injuries and future needs.

If a fair offer is made, the case can often be resolved without a trial.

Step 5: Trial (If Necessary)

If the other side refuses to take responsibility or offers an unreasonably low settlement, your case may proceed to trial.

Your lawyer will present evidence, question witnesses, and argue your case in front of a judge or jury.

While trials are less common, they’re sometimes necessary to get justice.

What Damages Can Be Recovered?

Your settlement calculation will include various damages.

Damages include:

• Medical expenses: Covers ER visits, treatment, follow-ups, prescriptions, and future care needs
• Pain and suffering: Compensation for physical pain and distress caused by the injury
• Emotional trauma: Includes anxiety, behavioral changes, and the cost of therapy or counseling
• Future care costs: Long-term care, therapy, special education, or home modifications
• Wrongful death damages: Funeral costs, medical bills, and emotional loss if a child passes away

When you choose to pursue damages with us, we’ll take your case on a contingency fee basis.

A contingency fee basis includes:

• No upfront fees
• You pay nothing unless we win your case
• Legal fees come from the final recovery — not your pocket

TorHoerman Law: Hold a Negligent Daycare Center Accountable

No parent should have to question whether their child is safe at daycare.

If your trust was broken, legal action may be the clearest path toward answers and accountability.

At TorHoerman Law, we’ve helped families in Missouri and Illinois navigate some of the most difficult moments of their lives.

Contact us for a free consultation.

You can also use the chatbot on this page to find out if you’re eligible for a claim.