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Jonathan Rosenfeld

December 27, 2023

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Daycare injuries can be frightening and traumatic for children and parents alike. The daycare facility owes a duty of utmost care to the children. Did your child sustain an injury while in a daycare facility? Do you believe the childcare facility failed to prevent your child’s injuries?

If your child sustained injuries due to daycare negligence, seeking an experienced personal injury lawyer is essential to recover compensation. You will need to file a personal injury lawsuit to have a chance at financial compensation.

A Chicago daycare injury lawyer at Rosenfeld Injury Lawyers, LLC can help you start an incident report and a personal injury claim against the daycare facility so that the responsible parties are held accountable through legal action. We will fight every step of the way in your daycare injury case.

Contact a Chicago child injury lawyer at (888) 424-5757 (toll-free) for a free case evaluation to determine your legal options to pursue compensation regarding your child’s damages.

All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Chicago Day Care Injury Lawyer

Our Daycare Injury Lawyers Helps Clients Win

Rosenfeld Injury Lawyers LLC helped a client file a legal claim after their three-year-old child suffered serious orthopedic injuries when he fell from a piece of climbing equipment and broke his leg. The injuries required surgery and physical therapy. A lawsuit demonstrated that there was no plan in place to supervise children, and staff did not receive training. The family recovered $410,000 in compensation because the daycare failed to provide a safe environment.

How We Help Clients in Daycare Injury Cases

A daycare injury lawyer can help your family in many ways after the accident occurs. Your daycare injury lawyer is there to fight on behalf of your family and your child. The first thing your daycare injury lawyer is there to do is listen. Our lawyers want to know what happened and how it has affected your child. A Chicago daycare injury lawyer will get to know you and your situation before we do anything else.

Then, a daycare injury lawyer would do the following for your case:

  • Investigate what happened
  • Gather evidence and medical records that can be used to prove your case
  • Review your child’s situation to understand how they have been affected
  • Work with the relevant experts to come up with a number that your family should seek in damages
  • File a lawsuit on behalf of your child
  • Work to negotiate fair and adequate compensation for your child

Daycare Accident Statistics

One survey put the amount of daycare injuries at 1.2 for every 100,000 child hours [1] at the daycare for children three years of age or less. The injury rate rises to 1.3 for children between the ages of 3-6. There are no current reliable statistics for daycare fatalities.

Home care is safer for most children. There are additional hazards at daycare facilities that come when there are activities and other children around.

Chicago Day Care Injury Attorney

Examples of Accidents at Daycare Facilities

Accidents at daycare centers can happen in several settings. Injuries at a daycare center can include:

  • Injuries on playground equipment, either because they are not properly supervised, or the equipment itself is rusted or defective
  • Injuries inflicted by another child when there is a lack of proper supervision
  • Food poisoning because the children were served rotten food
  • Slips, trips, and falls
  • Injuries from physical abuse inflicted on the child
  • Failure to get timely and appropriate medical treatment when a child is sick or injured

Abuse in a Daycare Center

There is a special category of harm for which your daycare injury lawyer can help your family get justice. In some cases, there are sexual predators employed by daycare facilities who prey upon and abuse children. Here, your family can file a sexual abuse claim against the daycare center. Always take it extremely seriously if your child says that they have been abused. You should also be vigilant for any signs of sexual abuse and take immediate action.

Common Daycare Injuries

Children may suffer the following injuries at a daycare facility:

Daycare injuries can have a dramatic and serious effect on the child, in part because their bodies are smaller. They may need medical care for an extended period, and the rest of their life could be affected.

What to Do After an Injury at a Daycare Facility

The first thing that you should do after your child has been hurt at a daycare facility is get them immediate medical treatment. Time is of the essence in getting help for your child’s injury. Their small bodies may not recover well if you delay medical care for them. You should take them to every doctor necessary to get the care they need.

Then, you should report the accident to the relevant regulator, so there is a record of it. In Illinois, the regulator is the Illinois Department of Children and Family Services [2]. Make sure to give them the pertinent information regarding what happened to your child. The DCFS may perform its own investigation.

Save any documentation that you have relating to your accident. Give this to a Chicago daycare injury lawyer, along with the contact information for any witnesses.

Contact an experienced Chicago daycare injury lawyer to handle your case. You will need legal help from a daycare injury lawyer when filing a daycare abuse lawsuit.

The Time Limit to File a Daycare Injury Lawsuit

In Illinois, there is a statute of limitations [3] that controls the amount of time that you have to file a daycare injury lawsuit. You have two years from the date that your child was injured (or you knew that they were injured) to file a daycare injury lawsuit.

There are special rules that apply when there is a daycare injury to a child. The child has until they are 20 years old to file a daycare injury lawsuit if their parent has not yet filed a claim. Different rules could give a child a longer time to file a claim if they were a victim of sexual abuse at a daycare.

The most common type of claim against a daycare facility is negligent supervision. Here, your daycare injury lawyer is arguing that the daycare failed in its duty to properly supervise your child under their care.

Two types of negligent supervision could factor into a daycare injury:

  • Daycare workers can negligently supervise children by not reasonably watching them when they are under care
  • Daycare facilities themselves may not properly supervise their own employees and how they do their jobs

In addition, a daycare has an obligation to exercise reasonable care in hiring and retaining its own daycare workers. They must perform an intensive background check before they hire any worker, checking for any convictions. They must also terminate an employee if they learn that they may pose a danger to a child, either through something that daycare facilities learn or their observations about how the employee is doing their job.

Compensation After Daycare Centers Injuries

Your child and family may be entitled to substantial financial compensation if you win a lawsuit against a daycare provider. Remember that you need to get enough compensation to care for your child for as long as it takes, which could be the rest of their lives. The court would need to approve any settlement that involves your child, so you would need to fight to get a fair amount of money from the daycare provider.

Your Chicago daycare injury lawyer could obtain the following compensation for your child and your family:

  • Medical expenses to care for your child’s injury (including doctor’s fees and therapy)
  • Lost wages that your child could have earned over the course of their career and that you have forgone to care for your child
  • The cost of any special education or extra support that your child may need
  • Pain and suffering for the harm that your child is enduring
  • Embarrassment and humiliation
  • Scarring and disfigurement
  • Loss of enjoyment of life

At Rosenfeld Injury Lawyers, we have earned our reputation because we fight for every dollar for our clients. We know that you are putting your trust in your daycare injury lawyer, and we work every day to live up to it.

Chicago Daycare Injury Lawyer

Illinois Daycare Licensing Regulations

When your child is in daycare, you should be familiar with the regulations that govern daycare providers in the state. You should consider reporting to the daycare facility if they break the rules. If you can prove that a daycare center was violating state laws and regulations, you could even be able to prove negligence per se (which is a legal concept that holds that something is negligent in itself if it violates a statute).

There are many requirements that a daycare provider must follow under Illinois law [4]. Facilities must obtain a license if they care for three or more children. Besides individual safety rules, two of the most important requirements under Illinois law are:

  • There are ratios of children to staff members that the daycare must staff that are based on the age of the children.
  • Illinois law also provides for a maximum number of children overall that are allowed in the daycare facility

Daycare Injury Claim FAQ

Here are some questions that clients may ask a daycare injury lawyer, either during an initial consultation or during our representation:

Will My Daycare Injury Case Go to Trial?

Most daycare accidents do not end up going all the way to trial. The daycare facility is often very afraid of facing a jury because they know that they could be on the wrong end of a massive verdict, especially when they have been grossly negligent. Thus, many lawsuits will settle before they reach a trial.

How Much Is My Child’s Day Care Injury Case Worth?

It is hard to give you a ballpark estimate about how much a daycare injury may be worth in general. Everything depends on the facts and circumstances of your case. A Chicago daycare injury lawyer would review your case to let you know how much it may be worth.

Who Pays for Medical Treatment Before I Receive a Settlement or Award?

You would be responsible for your share of the costs while your case is pending. Your health insurance company would pay the bills for which they are responsible. Once you get a settlement, the health insurance company would have a lien, and they would be reimbursed for the costs that they have already advanced.

How Are Daycare Injury Lawyers Paid?

Daycare injury lawyers work for your family on a contingency basis. They ask you for no money upfront, and they are only paid if and when you win your case.

Call Our Personal Injury Lawyers Today

If your child has been injured in a daycare accident or has been the victim of daycare abuse, our lawyers can help you file a personal injury lawsuit on behalf of your child. A Chicago daycare injury lawyer will take the time to listen to you and learn about your situation before we give you any legal advice. We will work to hold the responsible parties accountable for their actions that hurt your injured child.

We work for you on a contingency fee basis, meaning that we are not paid unless you win. Call us today at (888) 424-5757 to schedule your free consultation.

Resources: [1] PubMed, [2] Illinois Department of Children and Family Services, [3], [4] Child Care Resource Service

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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