THE RIGHT TIME TO CALL AN ATTORNEY IN A DAYCARE-RELATED INJURY
Sending your child to daycare is common for many parents. As we all know, accidents can occur regardless of how careful everyone is. If your child has sustained an injury while at daycare, you’ll likely have several questions or concerns, one of which includes if you should get an attorney involved. Here’s what you need to know.
You Can Still Sue for Injuries Even if You Signed a Daycare Release Form
One of the biggest misconceptions parents have about signing an indemnification clause is that they won’t be able to legally sue the daycare if their child is injured. Although many daycare centers add this injury clause to dissuade parents from hiring a lawyer, it doesn’t stand in a court of law. In addition, courts examine the injury clause because it isn’t fair for parents to sign away the compensation rights of their child.
Where Do Most of the Injuries Happen?
More than 50 percent of injuries happen on the playground, and understandably so. Kids fall down, climb over and under each other and scrape their knees. Sometimes lawn furniture or toys, or faulty playground equipment, can cause an accident if a child trips over them. Even though it’s the responsibility of the childcare supervisor to prevent any of these accidents from happening in the first place, sometimes these types of accidents happen so quickly they can’t get there in time.
What if the Injury Was Intentional?
In a daycare setting, intentional injuries are less common. But unfortunately, they still happen. Intentional injuries can result from an overly-aggressive child or by the hand of the caregiver. Some children can be aggressive due to behavioral problems, or if there is trouble on the home front, like parents getting divorced. Children at this age don’t know how to fully express the emotions they’re feeling and may lash out. That’s why it’s important for parents and childcare supervisors to be aware of the child’s needs and encourage them to release anger in a healthier way.
If you suspect that a caregiver at your child’s daycare is physically abusing your child, seek a personal injury lawyer immediately, especially if medical attention is necessary. If you notice marks or bruising on their skin, take pictures for evidence and keep all records of treatment and injury diagnoses.
Get Help Today!
If your child is the victim of an injury that occurred at daycare, the lawyers at Mukerji Law Firm can help you with your case. By working with your best interest in mind, our team of lawyers will fight tooth-and-nail to make sure you receive the damages you deserve while dealing with all of the special intricacies of your personal injury case.