When parents drop their kids off at daycare, they expect them to be safe and well-cared for. Unfortunately, accidents and negligence can occur, leading to severe injuries that can have life-long impacts. After such incidents, parents often wonder what the average daycare negligence settlement amounts are.
In general, it’s challenging to come up with an average settlement amount since they vary widely based on many factors. Some settlements are for thousands of dollars, while others are for millions.
Instead, it’s better to understand the factors that go into a daycare negligence lawsuit. This way, you can prepare to make the most of your claim.
What Can You Sue a Daycare For?
Daycare facilities have a responsibility to provide a safe environment for children. Failure to do so can result in many different types of injuries. These can range from minor scrapes and bruises to severe brain injury. Common reasons for suing a daycare after injury include:
- Inadequate Supervision – Daycares must provide adequate supervision and keep children from going off alone or being out of sight. Improper supervision can lead to falls, choking, or even physical altercations between children.
- Unsafe Premises – Poor facility maintenance, such as broken equipment or hazardous materials, can cause injuries.
- Abuse or Neglect – Cases involving physical, emotional, or sexual abuse by staff members are grounds for serious legal action.
- Food Safety and Nutrition – Daycares must ensure that all food provided to children is safe. This includes being free of known allergens. They must also ensure that children receive enough to eat and drink throughout the day.
Factors Contributing to Daycare Negligence Settlement Amounts
The amount awarded in daycare negligence settlements varies based on several factors, some of the most important being:
- Severity of Injuries – The more severe the injuries, the higher the potential settlement. For example, a broken arm will likely be worth more than a sprained ankle, and a traumatic brain injury would be worth even more.
- Medical Expenses – The cost of medical treatment is one of the most significant driving forces behind settlement amounts. Your settlement should ideally cover your child’s current and future medical expenses.
- Duration of Negligence – The settlement amount could increase if the daycare engaged in ongoing and repeated negligence.
- Pain and Suffering – The physical pain and emotional distress your child experienced because of their injury can have a sizable impact on the settlement.
- Liability – Who the liable party is can affect the settlement amount. For example, a daycare with little insurance coverage may be unable to settle for a large sum.
What Damages Can You Seek in a Daycare Negligence Lawsuit?
In a daycare negligence lawsuit, you can seek damages (compensation) for various types of losses, including:
- Medical Expenses – These are the past, current, and future medical costs related to your child’s injury, including hospital stays, surgeries, treatments, prescriptions, and medical devices.
- Rehabilitation Costs – If your child requires physical or psychological therapy due to their injury, the settlement may cover these costs.
- Pain and Suffering – This is compensation for the physical and emotional pain your child endured.
- Loss of Enjoyment of Life – If your child’s injuries left them with a long-term or permanent disability, you may be able to seek compensation for how that will impact the rest of their life.
- Caretaking – Some severe injuries will require that your child have 24/7 care for the rest of their life. In these circumstances, you may be able to seek compensation for the cost of that care.
Who Pays if My Child Is Hurt at Daycare?
If your child suffers an injury at daycare, three primary parties could be liable:
- Daycare Workers – If a daycare worker’s actions led to your child’s injury, such as if they pulled on your child’s arm, causing torn muscles and dislocation, they may be individually liable.
- Daycare Facilities – If the negligence was systematic, the daycare facility may be liable. However, the facility may also be liable for the actions of individual workers if it didn’t properly train or vet them before employment.
- Third-Party Contractors – In some cases, landscapers, cleaners, or other third-party contractors could be liable if their work caused an unsafe condition on the daycare’s property.
Regardless of which party is at fault, their insurance company will be the one to pay out your settlement, which is why their insurance coverage matters so much. In the case of a daycare worker causing harm to your child, you may need to file suit against both the worker and the facility to cover the full extent of your child’s medical costs.
How Evidence Impacts Your Settlement
The strength of your evidence plays a crucial role in the outcome of your lawsuit. To build a strong case, your attorney will gather the following evidence:
- Medical Records – Your child’s medical records serve as detailed documentation of their injuries and treatment. This evidence is vital when discussing the costs and necessity of your child’s medical treatments.
- Witness Statements – Accounts from staff, other parents, and potentially other children who witnessed the incident can back up your claim.
- Photographs and Videos – Visual evidence of your child’s injuries and the hazardous conditions present at the daycare that led to those injuries can be powerful pieces of evidence. Visual evidence such as this can be effective at getting the daycare to settle before going to trial.
- Incident Reports – After your child suffers an injury, you should report it to the daycare and make sure they file an incident report. This report can prevent the daycare from claiming they weren’t aware the injury occurred.
- Expert Testimony – Testimony from medical experts or childcare professionals can support your claim by putting your child’s injuries and the daycare facility’s or its workers’ actions into context.
Contact a Florida Child Injury Attorney
Moving forward with a daycare negligence lawsuit can be overwhelming, especially when dealing with the emotional toll of your child’s injury. At Jurewitz Law Group Injury & Accident Lawyers, our compassionate child injury lawyers will handle all aspects of your case so you can focus on caring for your child. Contact us at (619) 233-5020 for a free consultation.
