What to do Following a Daycare Injury in Virginia
It is the worst nightmare of any parent; picking up your child to find they were injured while in the care of someone else. Such cases are rare, but unfortunately, they do happen. If you believe your child was injured in the care of someone else, you may need to know what to do following a daycare injury in Virginia.
The idea of taking a childcare facility or individual caretaker to court may be daunting, but sometimes, it is necessary. You entrust such facilities with the health and safety of your child, and when this trust is violated, it is nearly impossible to reestablish. If your child was harmed at a daycare, you may be entitled to compensation for their injuries. Get in touch with a seasoned daycare negligence lawyer today.
Seek Immediate Medical Attention
Once a parent or guardian notices their child is injured, they should seek medical treatment immediately. This is immensely important, especially considering medical records and commentary from physicians may be a major help during legal proceedings. The longer a parent or guardian waits to seek treatment, the more it will appear as if an injury is not as serious as they say.
When a plaintiff seeks compensation, the court will take medical expenses into consideration when calculating damages. For this reason, parents should keep all medical receipts, insurance claims, and any document related to the medical treatment their child receives. A physician will also be responsible for stating whether they believe an injury was caused by abuse or neglect.
Take Pictures and Contact Potential Witnesses
Without proof of an injury, it will be hard to prove a daycare or its workers are responsible. Immediately following an injury, parents should take detailed photographs of the injuries sustained by their child. These photographs may be valuable evidence during court proceedings, especially if the caretaker or facility argues there were no injuries.
Witness statements can also be valuable pieces of evidence in a daycare facility injury case. Anyone, including workers, neighbors, other parents, and bus drivers may be able to provide insight into how a facility is run and how its employees behave. Ask potential witnesses to write down or type what they saw, and after they do this, have them date and sign the statement.
When to Contact an Attorney
Finally, parents and guardians should contact an experienced attorney who knows what to do following a daycare injury in Virginia. Ideally, an attorney should have extensive knowledge about laws related to childcare and schools so they can provide useful advice and guidance during proceedings. A skilled lawyer may also be able to negotiate a settlement with the caretaker or facility to avoid a lengthy court battle.
If a caretaker or facility refuses to settle, the guidance of an attorney will become even more useful. A lawyer may be able to help by:
- Collecting additional evidence
- Contacting and interviewing potential witnesses
- Ensuring court rules and procedures are followed
- Ensuring a lawsuit is filed in a timely manner
It is important to note that even if a childcare center or its workers are found not guilty in a criminal court, a parent may still be able to obtain compensation by filing a personal injury suit.
Find Out More About What to do Following a Daycare Injury in Virginia
It can be hard to believe your child was injured in the care of someone you trusted, but unfortunately, such incidents do occur. Your feelings of anger, confusion, and betrayal are understandable, but you must take immediate action if you want to hold the person or facility responsible for injuring your child liable.
An experienced lawyer may be able to help you better understand your legal options. Call a local attorney today to find out what to do following a daycare injury in Virginia.
