Approximately two-thirds of children aged three to five that spent the week at a childcare provider or out-of-home childcare facility face preventable injuries and death because of provider negligence. Some of these preventable, or negligent, deaths and injuries result from:
• Traumatic brain injury (TBI)
• Eye injury
• Broken bones
If your son or daughter has suffered a daycare injury, take these steps to protect your right to a fair settlement:
• Ask the daycare provider if it created an incident report. Obtain a copy.
• Ask the provider about the staff at work on the day of the injury. It may be difficult or impossible to get this information later. The daycare provider probably won’t keep an accurate record (although they’re required by New Jersey law to do so).
• Get immediate medical care for your child if he or she was injured.
• Take pictures, or ask the physician to take pictures, of the child’s visible injuries.
• Don’t talk to the daycare facility’s insurance company.
• Don’t sign documents they offer until you speak with an experienced attorney.
• Don’t release the provider from liability to make arrangements to accept money from the provider until you’ve discussed the matter with a knowledgeable personal injury attorney.
It’s important to take your child to the doctor as soon as possible after the accident or injury occurred. The daycare provider is likely to claim that the child wasn’t injured when he or she was in its custody. Document the child’s injuries to allow your lawyer to fight for your family’s rights.
Daycare insurance carriers realize that a family may need money now to cover the child’s injuries. The insurer may attempt to make a low offer of settlement for your release of general liability. If your child has been seriously injured or killed because of a daycare provider’s negligence, you need the personal injury attorneys at Lombardi & Lombardi, P.A. Contact us to schedule a confidential appointment.