As a bustling economic hub, daycare centers in Chicago are common all over town. They provide the care that parents need to be able to trust as they work or engage in important daily tasks. But, even with extensive vetting of a center and its employees, accidents can happen.
When your child is injured, you have the right to file a claim against the facility that caused the harm. Holding these organizations accountable can often be challenging, especially when all vital evidence is not turned over or when staff are “coached” in order to make statements consistent.
At The Fakhouri Firm Accident and Injury Lawyers, our Chicago daycare accident lawyers are ready to help evaluate your case and discuss your legal options for pursuing all appropriate compensation. Your child’s injuries should not go unpaid because of a daycare’s negligence.
Reach out to our offices to schedule your free initial case review and get answers to your pressing questions about a possible claim. Schedule your free initial appointment by calling 312-999-9990 or contacting us online.
A Chicago Daycare Accident Attorney Understands Industry Responsibilities
Many parents go through an extensive process to get their children into a daycare center that meets their needs for convenient and high-quality care. As you can imagine, going through the application process, making large monthly payments, and purchasing supplies for your child to attend a daycare facility takes time, effort, and a huge bite out of the monthly household income.
When something goes wrong, and your child is hurt, it is confusing and often infuriating — but equally time-sensitive, requiring parents to be proactive in seeking legal help.
Appointing a daycare injury lawyer to represent your case can be most beneficial at the onset of pursuing your claim, but their assistance can be sought at any step in the process. Many parents come to the Fakhouri Firm after trusting in the center to make things right, only to be given the runaround, offered a pitiful amount of money, or met with the full force of the center’s legal team.
Both state and local laws place requirements on daycare facilities to provide a clean and safe location for children. However, this is not always the case.
While parents can only do so much to prevent accidents from happening, they can always seek compensation to help with the aftermath of the at-fault party’s actions. This is where a qualified and expert daycare accident attorney can help.
Our attorneys understand that daycares are a heavily regulated industry in Illinois, especially within the city of Chicago. Licensing requires a review of the facility and its ownership.
Anyone in charge of supervising children directly must have appropriate credentials, according to the state of Illinois, and should undergo a criminal background check. Facility design and equipment must meet strict standards for safety.
Often, daycare centers will obtain licensing but then slowly “cut corners” in their level of oversight for the facility and its staff. This is when children get hurt.
Proving the center’s negligence or otherwise establishing liability can be difficult without a paper trail indicating these lapses. Our attorneys work hard, using our knowledge of state, city, and federal law, to uncover all available evidence and build the strongest possible claim for all damages you have suffered.
Damages Available in a Daycare Accident Case
The major part of damages awarded in a daycare injury case will likely cover the medical costs of treating the child’s injury. This treatment may include care from a specialist as well as mental health therapy.
In some cases, the child may acquire permanent limitations or disabilities.
In the midst of all these tasks, parents will need to take additional time off work to make all medical appointments and seek care for their children. Taking a lot of time off work can also negatively impact a parent’s or caretaker’s career.
They may find themselves using all of their PTO, needing to apply for the Family Medical Leave Act (FMLA), which only protects their job but does not guarantee they will be paid for the time they take off.
Costs can stack up quickly, so it is important to work with your Chicago attorney to go over all these expenses, account for them, and include them in your claim.
Seeking Damages for Pain and Suffering and Other Non-Monetary Losses
In addition to the monetary costs of handling the child’s medical care, the child and their family may also indirectly be inflicted with other forms of harm and suffering. These can include:
- Physical pain and discomfort — Your child may be going through a high degree of pain throughout their healing process, in addition to possible short or long-term disability.
- Loss of enjoyment of life — Your child may stop or be unable to play or do what normally would make them happy.
- Emotional distress — Young children do not always understand how to process emotion, and when distressed, they may react by throwing tantrums and being unable to keep still.
- Mental anguish and trauma — In cases where children are hurt, there is cause for trauma for both themselves and their parents. Nothing frightens a parent more than realizing their child was hurt somewhere they believed they would be safe.
- Decrease in quality of life — Children may stop playing, eating, or sleeping as they usually would. An event like this will also have a severe mental toll on the parents and family.
- Scarring and disfigurement — Children can face life-long scarring or disfigurement that will seriously affect their quality of life in the future.
- Disabilities and permanent impairments — especially in cases with head trauma, a child’s brain is still developing, and serious injuries can have horrible life-long consequences, including disabilities and permanent injuries. These can impact the child and the parents, who would need to make additional accommodations for their child’s future.
Accounting for all of these losses can be difficult, especially when the facility is seeking to avoid any admission of negligence on its own part. Your attorney will help you document the suffering and loss of enjoyment of life your child has endured while seeking to compensate the family as a whole for the difficult situation you have gone through.
Types of Situations That Can Result in a Daycare Injury
There are many different scenarios that can lead to a child being injured, including:
- Emotional or Sexual Abuse — Not all child injuries are related to direct physical impacts. Daycare workers can be verbally, physically, and even sexually abusive toward the children they were hired to care for. Children experiencing this treatment will have difficulty processing it and may display worrying symptoms, such as sudden “clingy” behavior, desperately showing a strong aversion to attending daycare, and even coming home with unexplained cuts and bruises.
- Choking — Daycares have a responsibility to ensure that all toys and equipment provided are safe and age-appropriate. Small parts can become loose and can be easily swallowed, causing the child to choke. Daycare facility workers are usually required to have CPR training and to act when these issues happen.
- Playgrounds — Playground injuries and injuries sustained while in recess are relatively common but not usually fatal. Children can hurt themselves because of improperly cared-for playground equipment or rocks that become slippery, and the child slips while playing. In some cases, the child can fall while playing on playground equipment.
- Poisoning — Cleaning supplies are necessary at a daycare facility because local and state laws require facilities to meet certain requirements to promote safety and cleanliness. Most cleaning supplies have a warning on the back indicating that they should be kept from children as they can become a hazard if consumed or applied to the eyes or skin.
- Transportation — Unfortunately, transportation accidents are one of the most common types of daycare injury accidents. Children can be hurt in a car accident or if the child is left locked inside a hot car. These kinds of accidents can quickly prove to be fatal.
The ways that a child can be hurt at daycare are many. Because of this, facilities in Chicago are heavily regulated and are often inspected by government agencies. Any missteps from the daycare center can result in the closing of the business altogether.
What to Do When You Suspect Daycare Negligence
Suspecting that your child might be facing negligence or abuse is one of the most horrifying experiences to endure. However, know what to do if you find yourself in this situation!
Immediately document what you can and take pictures. You must file a police report, contact the Illinois Department of Children and Families (DCF), and file a tip.
DCF is the agency in Chicago that monitors and regulates daycares to ensure they comply with state and local rules and regulations.
If you suspect that your child is a victim of negligence from the center, call our team so that we can discuss the details of your case and see what your options are.
Working with the right legal firm will ensure you stand the best chance at receiving compensation for all damages suffered in your case. Our team of attorneys knows what it takes to successfully hold childcare centers accountable.
If your child experiences a daycare accident, you should seek immediate legal advice from an experienced Chicago daycare attorney to know the next steps and ensure you have the best chance of receiving compensation for your child’s injuries.
Types of Evidence in a Daycare Accident Case
Gathering the right kinds of evidence will show that someone — or the entire facility—was negligent enough to cause your child’s injuries. Proper evidence for daycare accident cases includes medical records and bills, photos and videos of any injuries and those from the scene of the accident, any witness statements, and any statements from authorities, including a police report, if there is one.
You and your attorney may request facility documentation, as well, such as proof of regular reviews and inspections by staff, any vetting done to guide staffing decisions, and communications made internally between staff and administration.
All of these documents will be reviewed by your legal team and included in your claim as evidence.
Make Sure to Meet the Deadline to File a Claim for Daycare Injury
Daycare accident claims are part of personal injury claims. In the state of Illinois, victims filing a personal injury claim have only two years after the child’s injury happened to submit to the courts before they cannot file a claim anymore.
Any claims that are filed after the two-year period will be immediately thrown out by the judge.
However, since children are under the age of 18, and if they experience disabilities because of their injuries, there are some exceptions to the law. If you believe this applies to your case, please give us a call to set up your initial consultation
Call Our Chicago Daycare Accident Law Firm Right Away If Your Child Was Injured
Children are the future of our world. We try as adults to protect them, but sometimes we are not enough.
Seeing your child hurt at the hands of someone else can be enraging and overwhelming to handle. As a parent, you do what you can to protect and care for your hurt child, but the next step is to call a Chicago daycare accident attorney.
Working with the team at the Fakhouri Firm is the best way to maximize your chances of securing compensation for the injuries your child has sustained due to a negligent daycare center. Whether the act was committed by a worker or by the center’s actions, generally, your child was under their care when they got hurt, and someone must be held responsible for your child’s injuries.
Call The Fakhouri Firm Accident and Injury Lawyers today. Our team is ready to help you and your child receive the compensation you deserve.
No child should be hurt while under the care of an adult, and no parent should have to suffer knowing that something happened to their child. Call 312-999-9990 today or complete our online form to get started.