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Frequently Asked Questions

At TorHoerman Law, we work on a contingency basis. You do not pay us anything unless we win. Our belief is that the client always comes first.

Typically, the language in these forms gives the daycare permission to seek emergency medical treatment for the child and release the daycare from any liability. But, that will not prevent us from filing a daycare injury lawsuit. There have been plenty of cases filed in which the parents signed a release of liability, but the judge in the case ruled that it is against public policy to relieve a daycare from their responsibility of protecting the child.

Most often, both the employee tasked with watching the children and the daycare will be held liable for the injury. Sometimes, other individuals can be held liable depending on the circumstances of the accident. Liability is dependent on each individual case.

St. Louis Daycare Injury Facts

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 just how common daycare injuries and deaths are in St. Louis.

 

Types of Child Care Facilities 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.

  1. Mandatory licensed daycares enroll five or more children unrelated to the caregiver. The daycare is subject to inspections and regulations under state set guidelines.
  2. Unlicensed enrolls four or fewer children related to the caregiver.
  3. 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.
  4. 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, 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 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.

  1. Duty – The care provider failed to meet an understood obligation to your child.
  2. Cause – Failure to meet this duty resulted in the injury.
  3. Foreseeable – The accident could have been prevented in some way.
  4. 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

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.

 

St. Louis 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.

Cambria, Nancy. “Children Die as Dangers Are Ignored.” Stltoday.com, 9 Oct. 2011, www.stltoday.com/news/special-reports/daycares/children-die-as-dangers-are-ignored/article_95ff3136-e937-11e0-86c7-0019bb30f31a.html.

“Choosing Child Care in Missouri.” Stltoday.com, 10 Oct. 2011, www.stltoday.com/news/special-reports/daycares/choosing-child-care-in-missouri/article_00bf73eb-2fbd-5994-8718-06dd2bc527e8.html.

Rice, Rachel. “Two Pine Lawn Daycare Workers Charged with Abuse after One Seen on Video Throwing 3-Year-Old.” Stltoday.com, 1 Mar. 2019, www.stltoday.com/news/local/crime-and-courts/two-pine-lawn-daycare-workers-charged-with-abuse-after-one/article_f3daf828-af57-5f8a-9251-e6534809217c.html.

More than $4 Billion Awarded in verdicts & negotiated settlements

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MILLION

CAR ACCIDENT

PERSONAL INJURY

$650
MILLION

PRADAXA INJURY LAWSUIT

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$4
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TRAUMATIC BRAIN INJURY AT DAYCARE

PERSONAL INJURY

$2.4
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ACTOS INJURY LAWSUIT

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$300
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SLIP AND FALL

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$1.5
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SYNGENTA CORN LAWSUIT

CHEMICAL EXPOSURE

$20
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TOXIC TORT INJURY

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$103.8
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COX-2 INHIBITORS INJURY

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They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.

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.

TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.

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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