Goose Creek Daycare Accident Lawyer

You trust daycare centers to supervise your child and ensure their safety, but unfortunately, accidents can still happen. Daycare negligence can lead to injuries, leaving parents worried about medical expenses.

An experienced injury lawyer specializing in daycare accidents can help your family recover the financial costs of these unfortunate events. A successful daycare accident claim can cover hospital bills, follow-up care, and other losses.

Some claims may also include compensation for the child’s pain and suffering and the mental anguish experienced by the family. In certain situations, compensation for psychological counseling needed after a traumatic event may also be available.

Managing the legal strategies to obtain the appropriate compensation requires the expertise of a seasoned daycare accident attorney. Daycare centers, particularly those part of larger corporations or franchises, can make proving your case challenging without legal assistance.

If your child has been injured, remember that you have the right to seek answers and pursue a claim, including filing a lawsuit if necessary. The accident and injury lawyers at the CEO Lawyer Personal Injury Law Firm are here to provide a dedicated daycare injury attorney to maximize your case’s chances of success.

Speak to our talented daycare accident lawyer for free during an initial case review. Schedule your appointment by calling us right away!

How Goose Creek Daycare Accident Attorneys Can Help Your Family

• Communicating with the Daycare’s Insurance Company: We handle all interactions with the insurance company, ensuring your interests are protected.
• Liability Analysis: We thoroughly investigate the circumstances of the injury to determine the daycare center’s liability.
• Case Management: We handle all the paperwork involved in your case, allowing you to focus on your family.
• Medical Assistance: We assist in getting the necessary medical care for your child’s recovery.
• Case Evaluation and Evidence Collection: We evaluate your case comprehensively and gather all necessary evidence to support your claim.
• Medical Records and Bills: We obtain and review all relevant medical records and bills to ensure all expenses are accounted for.
• Child Protective Services Information: We gather information from Child Protective Services to strengthen your case.
• Negotiation for Fair Compensation: We negotiate aggressively to secure fair compensation for your child’s injuries.
• Expert Retention: We retain top experts to provide testimony and support your case.
• Lawsuit Filing: When necessary, we file a lawsuit to hold the daycare accountable and pursue justice for your child.

Why Hire Our Goose Creek Daycare Accident Law Firm for Your Child’s Injury?

Choosing the right lawyer to represent your child after a daycare injury is one of the most important decisions you can make to protect their financial future.

The sooner you hire a daycare injury lawyer, the better. Our top-rated daycare injury lawyers are among Goose Creek’s best child injury attorneys, and we have a strong track record of winning daycare negligence lawsuits.

Personalized Daycare Injury Experience

Our fastest-growing daycare injury attorneys have handled numerous severe injury and wrongful death cases resulting from daycare neglect and negligence. If a daycare has failed to supervise properly or violated a rule, we can uncover the evidence to prove negligence.

We have successfully handled wrongful death cases and many serious injury cases related to daycare negligence. Our specialty is daycare negligence lawsuits.

Because we assist many families after their child has been injured at a daycare center, we have the experience, reputation, and expertise to help your family.

No Upfront Cost to the Family

We handle every daycare injury case on a contingency fee, meaning you pay nothing out of pocket. We only get paid if we secure compensation for your child.

Additionally, our fees are typically reduced from standard rates because we represent the child’s interests. All expenses and charges must be court-approved before we can be paid.

We Care

We treat every child injury case as if it were our child. We have established lifelong relationships with the families we have represented. You will not find a more compassionate advocate for your child than our law firm.

For more information or to schedule a free consultation, contact the CEO Lawyer Personal Injury Law Firm today.

Proving Negligence After a Daycare Incident

Children can get hurt – it’s a fact of life. However, sometimes injuries are not just a result of “kids being kids” but rather due to childcare facilities neglecting their duty of care to maintain a safe environment.

Proving that a daycare center was negligent is not always easy, especially since the center may obscure information or prevent access to critical documents like employee rosters.

The services of a childcare accident lawyer can be beneficial in these circumstances. An experienced attorney uses their knowledge of the law and past cases to identify common indicators of negligence.

They also seek evidence to support the claim, proving that the child’s injury directly resulted from a negligent act.

All daycare negligence claims contain the following elements:

Duty of Care

A daycare center has a duty of care to protect children against foreseeable risks that any reasonable person could anticipate. This duty is enforced through state and federal laws.

For example, a childcare facility in South Carolina must adhere to specific design standards, safety rules, instructor-to-child ratios, and more. Maintaining certification is often a rigorous process, and centers with a history of violations are more likely to be considered negligent in their duty of care.

Breach of Duty

A breach of duty occurs when a daycare facility or its employees either commit an act they know to be dangerous or omit practices in a way that likely causes danger. Examples include poor supervision, unsafe playground designs, and non-compliance with industry regulations.

Causation

It is not enough to know that an injury occurred following a breach of the childcare center’s duties. The injury must be directly attributable to the breach, showing causality.

Foreseeable Risks

Another important component of childcare injury cases is proving that the injury incident was not a “freak accident” or anomaly. Daycare centers may not be held responsible for injuries resulting from events they could claim no reasonable person would predict.

A childcare injury lawyer must prove that the facility either had knowledge of the risk or could have known of its existence had it operated under a reasonable standard.

Proof and Evidence

Allegations of an injury or a breach of duty are not enough. Parents need documented evidence of the injury and proof that a breach took place.

Most importantly, there must be testimony from an expert that no reasonable facility would have allowed the event to happen or that the facility in question directly knew about the risks.

Situations That May Put Children at Risk

Children can get hurt in various ways at a daycare center, but several common categories of injuries often occur:

• Playground Injuries: While scrapes and bruises are a normal part of childhood, more serious injuries can happen, including head injuries, broken bones, deep lacerations, or even internal injuries. These injuries can occur due to a lack of supervision. If there aren’t enough instructors to watch kids on the playground, children may break the rules and engage in dangerous behavior. Additionally, injuries can happen if playground equipment is not maintained or if unsafe equipment is not blocked off. For example, a rusted and loose chain on a swing set could snap, causing a child to fall and get hurt.
• Slip and Falls: Daycare centers must take precautions to prevent children from slipping or tripping. Dangers such as spilled drinks or discarded objects can cause a child to fall and sustain injuries.
• Sports or Outdoor Injuries: Daycare centers must maintain sporting equipment, ensure children wear safety gear, and keep all items in good condition. Failure to do so increases the risk of serious injury. Workers should also ensure kids stay hydrated during outdoor play and be aware of signs of heat stress to provide immediate medical attention.
• Bus or Transportation Injuries: If daycare centers transport children, they need appropriate seating for each child. Issues arise when a child is placed in an unsuitable car seat or when car seats are improperly installed. Such errors can lead to serious injuries in an accident.
• Exposure to Poison or Toxic Chemicals: Daycare centers must keep potentially toxic products out of children’s reach. While hygiene is important, leaving a corrosive cleaning chemical within reach can lead to serious injuries.
• Food Safety Issues: Maintaining safe kitchen practices is crucial to prevent food poisoning. Most daycares are nut-free due to allergies, but other allergens may still pose risks if appropriate precautions are not taken. Proper supervision during meals is essential, and workers should be trained to handle choking incidents. Serving food in small pieces and ensuring younger children do not play with small toys that pose choking threats are also important safety measures.
• Child Behavioral Issues: Children sometimes act out, but persistent behavioral problems can be dangerous if not addressed. Daycare staff should be trained to spot aggressive behavior and separate children to prevent injuries. Ignoring complaints about bullying or aggression can lead to serious incidents.
• Lack of Training for Assisting Special Needs Children: Children with special needs may require more supervision or specific medical interventions. Injuries can occur if daycare workers are not properly trained to address these needs. For example, a child with developmental delays may need closer monitoring. If a trained worker is absent and a less experienced worker takes over, mistakes can happen, leading to harm.

These are just some incidents that could lead to a child being hurt in a daycare. If your child has been injured at a childcare facility and you’re unsure if the facility is at fault, we encourage you to speak with our daycare injury lawyer to learn what options might be available.

Physical Injuries Children May Experience While in Daycare

• Burns: Burns in daycare settings can occur for various reasons, with bottle warmers being a common culprit. These devices can cause severe burns, including second or third-degree burns, if not handled properly.
• Broken Bones/Dislocated Joints: Children are often fragile and can easily get injured. They may sustain broken bones or dislocated joints from jumping off high surfaces like playground equipment. In some unfortunate cases, rough handling by daycare workers, such as pulling a child by the arm, can also cause dislocations.
• Brain Injury: Brain injuries in children can result from multiple factors. Trauma to the head is a direct cause, but suffocation and overheating can also lead to long-term brain damage.
• Heatstroke: Children are more susceptible to heatstroke than adults. They may not recognize the signs of overheating and continue playing without taking breaks to hydrate. Negligent caregivers who leave children in hot buses or vans can also cause severe heatstroke, leading to organ failure, brain damage, or even death.
• Suffocation: Suffocation risks include improperly tied objects around a child’s neck or choking on inadequately cut food. Babies, in particular, are at risk if placed in unsafe sleeping positions or if swaddled improperly for their age, which can lead to suffocation.
• Poisoning: Everyday household products can pose significant dangers if not properly secured. Daycare centers must ensure their facilities are child-proofed to prevent access to toxic chemicals, such as cleaning products, soap, and detergent.

By understanding these potential threats, daycare centers can proactively create a safer environment for children.

How Can You Help Build a Strong Case Against a Daycare?

Building a case against a daycare after an accident involves several important steps. 

First, gather evidence immediately by collecting relevant paperwork you filled out with the daycare provider and requesting any security footage of the incident. 

Organize all medical records related to the injury in a well-maintained folder. Take photographs of the accident scene right after it occurs, and follow up with additional photos of the scene and any visible injuries to your child, documenting the healing process with dated and labeled digital copies. 

To build a detailed and solid case, calculate the total damages, including compensatory damages for medical expenses, pain and suffering, and possibly punitive damages, depending on the circumstances.

It’s essential to consult with one of our top talented daycare injury lawyers to initiate the lawsuit process. 

Additionally, be mindful of your state’s statute of limitations, which limits the time frame to file a lawsuit after the injury occurs, making it essential to hire our personal injury attorney immediately. 

What Are Your Rights if Your Child is Injured at Daycare in Goose Creek?

If your child is injured at daycare in Goose Creek, you have certain rights, even if you signed a liability waiver. In Goose Creek, most daycare centers require parents or guardians to sign liability waivers stating that the center is not responsible for any injuries or accidents on the property.

However, these waivers do not absolve the daycare center from liability for negligence. This means that while you may not be able to file a lawsuit for incidents considered acts of God, you can still pursue a personal injury claim if negligence is involved.

A daycare center can be liable for a child’s injuries if it or one of its employees fails to fulfill their duty of care. It may be considered negligent if the daycare’s actions or inactions deviate from what a reasonable and prudent facility would do under similar circumstances.

In such cases, the daycare center might owe compensation for medical expenses, lost wages, and the child’s pain and suffering. Examples of negligence in daycare settings include child abuse, negligent supervision, unsafe playground equipment, and dangerous premises, all of which can lead to severe injuries.

Damages You Might Be Able to Claim in Daycare Accidents

If your child was severely injured by their daycare, you may be able to claim various damages. 

Here are some potential items to include in your claim:

• Medical Treatment: This covers the cost of medical care your child needs after the injury. Examples include emergency room visits, physical therapy, follow-up doctor’s appointments, and more.
• Loss of Income: Parents or guardians may claim loss of income if they had to take significant time off work to care for their injured child.
• Disfigurement: If your child has permanent scarring or loses a limb due to the daycare injury, they may be entitled to disfigurement compensation.
• Loss of Enjoyment of Life: Injuries that prevent your child from engaging in activities they would have otherwise enjoyed can be included in your claim.
• Loss of Earning Capacity: This applies if the severe injury impacts your child’s future ability to work and support themselves. For example, if a child loses a hand, they may need special training to enter a career accommodating their disability.

What to Do If Your Child Is Injured While in Someone Else’s Care?

When your child is injured while in someone else’s care, it can be a frightening and overwhelming experience. However, the steps you take immediately afterward can significantly impact your child’s well-being and potential legal action. Here are the essential actions to keep in mind:

• Ensure That Your Child Seeks Medical Care: First and foremost, ensure that your child receives medical attention immediately. The daycare facility may contact emergency medical services on your behalf, but if your child has not been seen by a professional, take them to the hospital as soon as possible. This step protects your child’s health and establishes critical medical records that can support any future legal claims.

• Document As Much Evidence As Possible: Collect and preserve all possible evidence related to the injury. This includes taking photographs of the injury and the accident scene, obtaining witness statements, and keeping relevant documents such as incident reports. This information is vital for building a solid legal case. Your attorney can also assist you in preserving this evidence properly.

• Do Not Sign Anything: Avoid signing any documents provided by the daycare or their insurance company without consulting an attorney. These documents might contain clauses impacting your rights to pursue legal action.

• File an Official Report, If Possible: If your child was injured at a licensed childcare facility, file a report with the South Carolina State Department of Children, Youth & Families. You can contact the emergency department. For incidents involving criminal activity, serious neglect, or imminent harm to children, call 911 and file a police report as well.
• Contact a Daycare Injury Attorney: Seeking legal advice after a daycare injury is essential. An attorney from the CEO Lawyer Personal Injury Law Firm can guide you through the legal process, protect your child’s rights, and advocate for fair compensation for your child’s injuries and suffering.

Taking these steps can help ensure that your child receives the necessary care and that you can secure justice and compensation for their injury.

Speak to Our Daycare Accident Attorneys!

The CEO Lawyer Personal Injury Law Firm understands the immense stress a childcare injury can place on your family, and we are here to help. Our primary goal is to ease the burden on you by building the strongest possible case to seek maximum compensation.

If your family has recently experienced a daycare accident injury, don’t hesitate to protect your legal rights. Schedule your free, no-obligation consultation today by contacting us at (843) 278-2469.

Alternatively, schedule a complimentary initial consultation via email to discuss your Goose Creek Day Care accident case and learn how we can help you!

FAQs:

1. In What Ways Are Daycare Centers Negligent?

Daycare negligence cases fall under premises liability claims, which assert that the daycare acted unreasonably, leading to a child’s injury. There are several ways a daycare center can be considered negligent and thus liable for your child’s injuries:

• Improper Teacher/Child Ratios: Exceeding the recommended number of children per caregiver, leading to inadequate supervision.
• Improper Training of Teachers: Failing to properly train staff in childcare, safety protocols, and emergency procedures.
• Improper Supervision of Teachers: Not monitoring teachers to ensure they are performing their duties correctly and safely.
• Improper Supervision of Students: Lack of adequate supervision, allowing children to engage in dangerous activities or access hazardous areas.
• Failure to Maintain Safe Premises: Neglecting to keep the daycare environment free from dangers, such as broken equipment, unsafe playgrounds, or toxic substances.
• Improper Driving: Unsafe driving practices while transporting children lead to car accidents.

1. What If I Work at a Daycare and Was Injured?

If you are an employee at a daycare facility and sustain an injury on the job, you can file a workers’ compensation claim. This claim is made through your employer’s workers’ compensation insurance and covers medical bills and lost wages. Even if you are partially at fault for your injury, you are still entitled to workers’ compensation benefits.

1. What Can a Goose Creek Daycare Injury Lawyer Do for Me?

If your child has been injured at a daycare, our Goose Creek daycare injury lawyers can assist you in filing a claim on behalf of your child. We will:

• Identify the daycare center’s liability insurance company.
• Present a claim for negligence against the daycare center.
• Gather all necessary documentation, including medical records, medical bills, and photos of your child’s injuries.
• Send a demand package to the insurance company to seek a settlement.

Most claims are settled without a lawsuit. However, if the insurance company does not present a fair offer, we will discuss filing a lawsuit with your full consent. Our goal is to secure the compensation your child deserves.