Winning a daycare negligence lawsuit means proving that the daycare provider breached their duty of care to prevent injuries and provide a safe environment for children. Simply accusing the providers of being negligent in this duty of care won’t win any cases. Like all personal injury cases, you need proof or evidence.
Documentation is one way to provide evidence that the daycare provider was negligent and therefore bears responsibility for the accident and any injuries that occurred. Documentation can take many forms including eyewitness statements, police reports, medical examinations and reports, medical bills, photographs and videos.
Gathering Evidence in Private Daycare Negligence Cases
How can parents go about gathering evidence in daycare negligence cases?
- Visit a doctor for the child’s injuries. If your child has been injured at daycare, visit a doctor to be treated for the injury or schedule a check-up with your pediatrician if the injury is minor. Ask for copies of the examination results and any tests results and keep a record of all of your medical bills and expenses. This helps establish a paper trail of medical documentation by providing proof of injury and the extent of the injury as well as the costs associated with that injury. All of this information can be used to determine lawsuit compensation awards.
- Photographic Evidence. They say a picture is worth a thousand words and this is certainly true in private daycare negligence lawsuits. If appropriate the injury, take photos of the scene of the injury. Did the child fall off a swing only to land on had concrete or asphalt, not woodchips? Is there a hot stove in the daycare center that is accessible to children? Are there too many kids relative to the number of daycare workers? All of these photos can back up your claim that the daycare center was negligent in their duty to provide care.
- Hire a Daycare Negligence Attorney. You don’t have to try and collect all of this evidence by yourself. Talk to a daycare negligence attorney right away to A) see if you have a case and B) handle evidence collection for you. An attorney can gain access to much more evidence than you could yourself and it saves you the trouble of having to try and gather evidence from what will likely be an uncooperative daycare provider.
The Beregovich Law Firm Fights For Families
If your child has been injured in a daycare accident and you need help determining what action to take, contact Andres Beregovich at The Beregovich Law Firm and schedule a free consultation. Andres will examine the facts surrounding your case and offer you an honest assessment and advice for the next steps.
Contact The Beregovich Law Firm for more information on daycare negligence lawsuits at (800) 631-9009 or email us to schedule a consultation.
