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What Should I do When My Child is Injured at Daycare?

Child InjuredKids will be kids, or so they say. By nature, children get dirty, make mistakes, and get hurt. It is our job as parents to protect them from severe injury. Unfortunately, we cannot be with them every moment of the day. During the times when we cannot give them our full attention - like when we are at work - daycare and babysitting services are available. Once you complete your research and choose a facility or provider that suits your needs, you expect them to treat your children as they would their own.

We hire childcare workers to protect our children from danger and injury, but unfortunately, injuries do sometimes occur. When this happens, you may be able to recover compensation through a premises liability lawsuit.

A Moment of Negligence

Even a small lapse in judgment can be fatal for a child. In 2011, a three-year-old in San Diego was allowed to use the restroom by himself, where he swallowed a sharp push-pin and choked. Paramedics were unable to revive him. One moment is all it takes for severe or catastrophic injury. Daycare workers should be vigilant at all times. Studies show that lack of supervision is the number one cause of daycare injuries.

Common Preventable Daycare Injuries

Child injuries can happen anywhere and anytime. However, many of the injuries occurring in daycare centers are entirely preventable. Many of the most common injuries include:

  • Bruising
  • Traumatic brain injury
  • Choking
  • Drowning
  • Broken bones
  • Allergic reactions
  • Eye injuries
  • Electrocution
  • Poisoning
  • Assault
  • Sexual assault
What to do When Your Child Becomes Injured

Your daycare facility may call you to let you know about the injury. When you pick up your child, they should have an incident report available for your records. If they do not, they need to create a document which includes details of the accident. You should also get a list of the staff working in the facility that day.

Medical attention is vital for your child’s recovery. A medical examination immediately following the incident is critical to maximum economic recovery. Delaying the medical visit allows the daycare provider time to claim that the injury occurred somewhere else. Photos and videos of visible injuries and pain complaints also help the claims process.

Contact a California Personal Injury Attorney

Before you make a statement or sign any documents from the daycare facility or their insurance company, contact a Monterey daycare accident injury attorney. Insurance companies are experts at diminishing your case, leading you to believe they are on your side to help your child recover. In reality, your claim is likely worth much more, and your medical bills may eventually accumulate and become much higher than the amount offered. The experienced attorneys at Corsiglia McMahon & Allard, L.L.P. will aggressively defend your child’s needs and protect their future. Contact our office today at 408-289-1417 to schedule your free initial consultation.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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