As a parent, the thought of your child being injured is terrifying enough. But when it happens at a daycare center – the very place you’ve entrusted with your little one’s safety – the experience can be even more overwhelming. You might feel confused, scared, and unsure of what to do next.
Accidents do happen, but when they happen in a daycare setting, it’s important to know how to handle the situation. The steps you take right after an injury can make all the difference, not just for your child’s health and recovery but also in holding the daycare accountable if negligence was the cause of your child’s daycare injury.
If you’ve found yourself in this stressful situation, don’t panic. Here’s a simple guide to help you through it.
Step 1: Get Medical Help Right Away
No matter how minor the injury may seem, always get your child checked by a medical professional. Even if the daycare staff has given basic first aid, it’s essential to have a doctor assess the injury and provide medical treatment if needed. Some injuries, like concussions or internal damage, may not show immediate symptoms but could become more serious over time.
The sooner you get medical care, the better. This also helps build a record of what happened. Medical professionals can note any potential long-term effects, and these records will be important if you decide to pursue a claim later.
Step 2: Document Everything
Once you’ve made sure your child is receiving medical attention, it’s time to start documenting the details. And we mean everything. Write down the date, time, and circumstances of the incident as soon as possible. Take photos of the injury and any relevant surroundings. Is there a toy or equipment that might have caused the injury? Was the daycare environment safe?
While you’re at it, request an incident report from the daycare. If they haven’t made one yet, insist on it. If the daycare center doesn’t provide one, you may need to get other documentation, like police or medical reports.
Step 3: Talk to the Daycare Staff
Next, you’ll want to have a conversation with the daycare center’s staff. Schedule a meeting with the daycare director to go over what happened. A good daycare will be open and transparent, so don’t hesitate to ask detailed questions.
Some questions you might ask include:
- What was the daycare’s protocol for handling the injury?
- Was there adequate supervision at the time of the incident?
- Are there any safety measures or precautions they’ll be implementing moving forward?
You’ll want to make sure that the daycare is taking the situation seriously, especially if you suspect negligence played a role in the injury.
Step 4: Collect Evidence
In case you decide to take legal action, it’s vital to collect as much evidence as possible. This includes:
- Photos of the injury and surroundings
- Medical records and bills
- Statements from anyone who witnessed the incident, including other parents, staff members, or bystanders
- Also, ask if there is any surveillance footage of the incident. If the daycare has cameras, they may be able to provide you with footage that could be key to your case.
Step 5: Know Your Legal Rights
If your child’s injury was caused by daycare negligence in South Carolina, you have legal options. You could be entitled to compensation for medical bills, emotional distress, and other related costs. Don’t assume that signing a liability waiver or agreement with the daycare means they’re off the hook. In many cases, these waivers are not valid if negligence is proven.
Consulting with an experienced personal injury lawyer can help clarify your rights and provide guidance on the next steps. They can help you understand whether you have a valid case for compensation and assist in gathering evidence, filing claims, and even negotiating settlements.
Step 6: Focus on Your Child’s Emotional Recovery
Your child’s physical recovery is important, but don’t forget about their emotional well-being. It can be hard for young kids to process trauma, and an injury at daycare can cause anxiety, fear, or confusion.
Stay attuned to any changes in their behavior – more clinginess, anxiety, or withdrawal could be signs that they are struggling emotionally. You might also consider counseling or therapy if the injury has caused lasting emotional distress.
Contact A Daycare Negligence Lawyer At McWhirter, Bellinger & Associates
At McWhirter, Bellinger & Associates, we believe that every daycare facility should be a safe environment, and that every childcare provider should do their utmost to ensure that the children in their care are properly cared for and supervised. Every daycare center has a duty of care towards the children they are tasked with caring for – and when that duty of care is breached, we believe in the injured party’s right to fight for justice against the daycare provider and any other responsible parties.
Our law firm has been working with South Carolina personal injury victims for decades, and our daycare injury lawyers have an excellent reputation for achieving favorable outcomes for our clients.
If you believe your child has been the victim of daycare negligence at their childcare facility, contact McWhirter, Bellinger & Associates for a free case evaluation. Our experienced attorneys are highly skilled in these types of personal injury claims, and would be happy to advise you on your next steps. There is no obligation to hire us after speaking with us – but if you do, we can guarantee that we will fight hard for you to receive the compensation you are rightfully owed, and will be there throughout every step of the legal process.
Give the personal injury attorneys at McWhirter, Bellinger & Associates a call today at 803-702-8615. It won’t cost you anything to see if we can help.®
