Children are our world. When they are seriously injured in an accident that could have been prevented -- but for the negligence of someone else – it is devastating, and can leave us feeling helpless, angry and seeing red. Depending on the circumstances and severity of the child's injuries, it is perfectly natural to want to see some sort of "justice" dispensed and your child "made whole," by whatever medical and financial means may be necessary--at the expense of whomever caused the child's injuries. But what constitutes a legal claim to some sort of financial compensation, and what typically does not?
Common Misconceptions for Suing Daycare Centers for Child Injuries
Unfortunately, there are many ways for a child to become injured. In daycare settings, there are types of injuries that tend to occur more frequently than others. Some of these may include: bites from other children, bumps and scrapes, minor cuts and bruises, and in some cases, loss of baby teeth. As a parent or legal guardian, coming to find that your child has suffered any kind of injury while not in your care--regardless of the degree of injury or the circumstances surrounding it-- can trigger the Mama Bear in us all!
Although, from the standpoint of our justice system, what actually quantifies/qualifies for a valid, legal claim of "daycare negligence," and what typically does not? In many cases, a parent or caregiver perhaps should take some course of action following an incident of injury or neglect at a daycare. However, quite often, filing a claim of daycare negligence with a personal injury lawyer--where one is expecting to receive some sort of financial recourse or compensation--is not one of those. The following are some of the most common misconceptions we at Paisley Law LLC encounter:
- Any injury can be sued for: Many believe any injury, no matter how minor, is grounds for a lawsuit. A child being bitten by another child at daycare or sustaining some ugly bruises from a bad fall--while unfortunate, yes--will just about never qualify one for a legal claim.
- Every Accident's Outcome is the Daycare's Responsibility: Assuming the daycare is liable for every mishap, even when proper safety measures are in place.
- Quick and Easy Compensation: Some think that suing will lead to quick financial gain without considering the legal complexities and time involved.
- Emotional Distress Equals Negligence: Parents often assume emotional distress from an incident automatically proves daycare negligence leading to compensation and/or pursuing criminal charges.
- High Compensation Expectations: There's an expectation of high settlements, even for minor, non-serious injuries.
- Having Medical Bills Guarantees Compensation: Belief that having medical bills automatically means one will receive compensation. Having medical bills following an injury will certainly help a claim, however, this does not guarantee a situation will result in compensation. This is another reason why one should consult with an experienced personal injury lawyer as soon as possible, following a child suffering any serious injuries while under the care of a daycare center.
- Non-parental Supervision Liability (or Vicarious Liability): Assuming daycare centers, schools (plus their volunteer staff or other kids) are always liable for accidents that occur during supervision.
- Insurance Will Cover Everything: Believing daycare insurance (IF the facility actually has insurance. Not all do.) will automatically cover all claims without dispute.
Vicarious Liability
You may put your child into the care of another person or entity so that you can go to work or do what you need to do. When a place like a daycare facility fails to provide a safe environment, the daycare owner can be held vicariously liable for their employees. Let's say a daycare owner decides to cut some corners in order to 'save money,' and hires individuals without checking their background thoroughly, and then that person injures your child––this is known as negligent hiring. The facility can also be held liable simply because your child was severely injured while under the care of the daycare if the injury is significant and it can be proved that the injury was caused by a negligent employee who was working at the time of the injury.
What Makes Accidents Involving Children Different?
Because of their unique physiology, children may be more likely to sustain certain kinds of injuries, which necessitates a specialist's expertise. In addition, children are often less likely to fully articulate the anguish their injuries are causing them. An attorney who specializes in serious child injury cases may be able to convey this message to a judge or jury in order to fully get the message across.
Common injuries to children include:
- Bites (from other children or adults) that scar or maim a child and may or may not require corrective surgery (plastic surgery)
- Brain injuries
- Burn injuries
- Broken bones
- Orthopedic injuries
- Structural injuries
Compensation for Children involved in a Daycare Accident in Georgia
Children who are significantly injured in a daycare accident where negligence can be verified can receive compensation for the injury. This includes economic damages for things like medical bills, non-economic damages for things like pain and suffering, and – in some cases – punitive damages, when appropriate and available.
Generally, parents are eligible to receive components of a claim that actually belong to them, such as medical bills for their child that they paid. Other damages, such as pain and suffering, may be put into a trust account to wait until the child turns 18.
Who Can File a Personal Injury Claim on Behalf of a Child in Georgia?
If your child was severely injured because of another person's negligence, recklessness, or intentional act, a personal injury claim or lawsuit can be filed. Who files the lawsuit depends on the facts and circumstances. Typically, a parent or guardian files the lawsuit, but in some cases, a child may file once they reach the age of 18 years old.
Further, depending on who files, the deadline for filing a claim or lawsuit will vary. This is also referred to as the Statute of Limitations.
The rules are state-specific, so you always want to consult with an attorney in your jurisdiction to ensure the right person timely files a claim or lawsuit. Failure to do so could mean delays or dismissal of the case.
Why Do You Need a Personal Injury Attorney Specializing in Serious Child Injuries in Atlanta and the surrounding areas?
Hiring a child injury attorney gives you an expert in your corner who can ensure that you aren't taken advantage of. Other parties in your case will likely try to pay as little as they are legally obligated to, and a child injury attorney can maximize your chances of fair compensation. I also happen to be a father. I promise to both communicate with you openly and honestly, and to fight to get you and your child every penny you deserve.
Contact a Personal Injury Lawyer specializing in Serious Child Injuries in Georgia Today
If your child was injured and you are considering filing a claim, you should speak to an attorney who understands the unique aspects of child injuries. At Paisley Law LLC, we have represented many children who have been injured. Call 404-618-0960 to schedule a Free Consultation to discuss the details of your potential case today.