Virginia Daycare Negligence Lawyer

Most parents automatically assume the daycare that provides care for their child is safe and secure, and most of the time, this assumption is correct. Unfortunately, some daycares and caretakers fail to provide the quality care they should, and when this care is not provided, the health and safety of children are jeopardized.

If your child was harmed while in the care of a childcare facility or individual caretaker, you may be able to file a claim for negligence. For your claim to be successful, you and your Virginia daycare negligence lawyer must prove the daycare had a duty of care to your child, and they breached the duty. Parents must also show the breach resulted in injury to their child. Reach out to a compassionate child injury attorney today.

Duty of Care

As previously stated, if a parent and their Virginia daycare negligence lawyer intend to hold a party liable for negligence, they must prove certain conditions existed at the time of the injury. These conditions form the foundation for a negligence claim, and without them, a claim will typically not be successful. To prove a daycare is negligent, the four conditions must have been present:

• The daycare owed a duty of care to the child in question; in other words, the daycare was responsible for the safety and welfare of the child to some degree.
• The daycare breached the duty of care. The daycare did not fulfill their responsibility.
• The breach of care was responsible for the injury to the child.
• The harm caused the child and their parents or guardians to incur a loss.

If a party can prove a daycare is responsible for engaging in negligent behavior, they may be entitled to financial damages. Medical bills are expensive, and the court may require the defendant to reimburse the plaintiff for any medical bills. They may also be required to pay compensation for emotional turmoil, physical pain and suffering, and lost wages (if parents were forced to miss work).

Establishing Causation

Once a party proves another party had a duty of care, as well as a breach, they will need to establish causation. The concept of causation essentially requires a plaintiff to prove they would not have been injured if the breach of duty did not take place; in other words, were the injuries sustained by the child genuinely a result of negligence or something else. Once this is established, a plaintiff must prove the daycare was the proximate cause of the injury. Simply put, was the injury foreseeable. If the harm was not foreseeable, a claim might not be successful. A seasoned attorney could help a claimant with establishing negligence and recovering damages.

Settlement Offers

To avoid negative press and further litigation, a negligent daycare may opt to pay a settlement instead of going to court. A settlement is a sum of money paid to a plaintiff outside of court or during court. If a plaintiff chooses to accept a settlement, they may no longer pursue their lawsuit. If they do not, the case will go to court. Often, a settlement is preferable to a court battle, especially if a plaintiff does not have sufficient evidence.

Reach Out to a Virginia Daycare Negligence Attorney Today

If you believe the negligence of a daycare worker is the cause of the injury sustained by your child, you and your child may be entitled to financial compensation. No child should be forced to suffer by a negligent daycare and those who do deserve justice and compensation.

Reach out to a Virginia daycare negligence lawyer today if you are ready to discuss your case in detail.