Daycare Accident Lawsuits in St. Louis, Missouri
When you entrust another individual(s) with your child’s care, you expect your child will be well taken care of. When an accident happens at a daycare, it is every parent’s worst nightmare. A lawsuit may not be your biggest concern at that very moment, but it is important to take action right away to preserve evidence and get the facts.
At TorHoerman Law, our main focus is to help you through a frightening situation.
Daycare Injuries in St. Louis
In 2012, the St. Louis Post Dispatch reported in a four-year study of daycare facilities that 41 of 45 deaths in child care occurred in unlicensed homes and facilities.
In March 2019, two St. Louis daycare employees were charged with child abuse, incidents that were caught on tape. In one incident, one woman was recorded throwing a three-year-old across the room. In the other incident, another employee was charged with abuse after injuring a 4-year-old. Both incidents occurred at Brighter Daycare and Preschool.
It is alarming that daycare injuries and deaths are not uncommon in St. Louis.
What are the Types of Child Care in Missouri?
In Missouri, there are four basic types of child care, and it is important to know the distinctions before placing your child in another’s care.
- Mandatory licensed daycares enroll five or more children unrelated to the caregiver. The daycare is subject to inspections and regulations under state set guidelines.
- Unlicensed enrolls four or fewer children related to the caregiver.
- License-exempt typically involves faith-based churches or schools. While they are required to register with the state, they are exempt from inspections and regulations.
- Illegal daycares operate without a license and operate with five or more children unrelated to the caregiver.
To find a list of licensed child care centers, visit www.dhss.mo.gov/childcare or call the Department of Health and Senior Service directly at 573-751-2450.
As a parent, you are able to also review if a daycare has been issued any safety violations. At the end of every year, safety violations are posted publicly online.
Proving Fault in a St. Louis Daycare Injury Lawsuit
As parents ourselves, we can wish that no daycare accidents will occur, but unfortunately, that is not always the case. If an injury does occur and you are interested in pursuing a daycare injury lawsuit, there must be four things established before the fault can be proven.
- Duty – The care provider failed to meet an understood obligation to your child.
- Cause – Failure to meet this duty resulted in the injury.
- Foreseeable – The accident could have been prevented in some way.
- Proof – There is evidence to show that prove duty, cause, and foreseeable are linked.
Once those four factors have been proven, a St. Louis daycare injury lawyer will help guide you in through the next steps.
Compensation for Daycare Injuries or Deaths
The unthinkable has happened; your child was injured, or passed away, at a daycare. A facility that was entrusted to keep your child safe has severely failed in their responsibilities. While you may not be thinking about filing a lawsuit against the daycare or their employee(s), it can help you down the road.
You deserve compensation for the suffering you and your child has endured, and compensation can help eliminate any more worrying, specifically in terms of medical bills. While there are a number of things compensation from a lawsuit can help with, paying for medical bills is often the most common.
What is Involved in a Daycare Lawsuit?
Typically, a St. Louis injury lawyer will conduct a consultation with you to discuss the details of the accident. Things like the date of the accident, what occurred, video evidence, and medical treatment are all discussed in the initial call.
Once a lawyer determines whether you have a case, discovery will begin. Essentially, this is the in-depth investigative portion of the lawsuit. Evidence will be collected such as medical records, pictures, and video, witnesses will be interviewed, and all other details of the case will be gathered.
After discovery, all evidence will be presented to the defendants. At which point, we hope to enter settlement negotiations. Most of the time, personal injury lawsuits settle prior to going to trial, but in some instances, an agreement cannot be reached and the case will proceed to trial. There, a judge or jury will decide the outcome.
While there are many more aspects involved in a personal injury claim, the above-mentioned steps are the most important and will give you an idea of the timeframe. But, keep in mind, each lawsuit is different and there is no specific timeframe – there are many factors involved that can speed up or delay a conclusion.
St. Louis Daycare Injury Lawyer
Has your child been the victim of a St. Louis daycare accident caused by a care provider’s negligence? An experienced St. Louis daycare injury lawyer from TorHoerman Law can help.
Call today for a free, no-obligation St. Louis daycare injury lawsuit consultation.
For additional information, see the following pages:
For additional practice areas in St. Louis, MO, see the following pages:
- St. Louis Injury Lawyer
- St. Louis Car Accident Lawyer
- St. Louis MO Trucking Accident Attorney
- St. Louis Motorcycle Accident Injury Lawyer
- St. Louis Wrongful Death Attorney
- St. Louis Slip and Fall Lawyer
- Bicycle Accident Attorney St. Louis
- St. Louis Premises Liability
- St. Louis Workers’ Compensation Lawyer
- St. Louis Medical Malpractice Lawyer
- St. Louis Dog Bite Lawyer
- St. Louis Bus Accident Lawyer
- St. Louis Assault Lawyer
- St. Louis Chemical Exposure Lawyer
- St. Louis Daycare Injury Lawyer
- St. Louis Uber Accident Attorneys
- Lyft Accident Attorney St. Louis
- St. Louis Mesothelioma Lawyer
- St. Louis Construction Accident Lawyer
- St. Louis Nursing Home Abuse Lawyer