No parent drops their child off at daycare expecting a call about injuries. But it happens (more often than it should). And when it does, you’re left with one big question: can I be compensated for this? If you’re considering suing a daycare for negligence, you’re not alone. And yes, under Florida law, you may have the right to take legal action if your child was harmed due to unsafe conditions or poor supervision.
Here’s what you need to know—without the fluff, the sugarcoating, or the “these things happen” shoulder shrug.
Steps to Take Immediately After a Daycare Injury Incident
First things first: get your child medical attention. Even if the injury seems minor, documentation from a medical professional creates a record. It also protects your child in case symptoms escalate later (because let’s be honest, kids don’t always tell you everything right away).
Once your child is stable, document everything. Take photographs of any visible injuries and the area where the incident happened. Write down the names of the daycare staff present, and ask for a copy of the incident report. If they don’t want to give it to you, note that too.
The absence of documentation can be just as telling.
Ask your child open-ended questions. What happened? Who was there? Did a teacher help? Was anyone else hurt? These early statements can become crucial evidence in a daycare negligence lawsuit.
You should also request to review any camera footage the daycare may have. In Florida, many licensed daycares are required to have security measures in place. Don’t assume the footage is gone—ask, and follow up in writing.
Reporting Daycare Violations: Who to Notify and How
Reporting daycare violations starts with identifying what happened. Was the injury due to neglect? Unsafe premises? Improper child-to-staff ratio? Any of these could violate Florida’s childcare licensing requirements. You can report these violations to the Florida Department of Children and Families (DCF). Their Child Care Program Office investigates complaints related to safety, abuse, and licensing violations. Reports can be filed anonymously and online, but it’s helpful to include your name and contact information if you want to follow up on the investigation.
Parents should also consider notifying their local health department or county licensing agency if they suspect ongoing health or safety risks. If your child was physically harmed or abused, a police report may also be appropriate.
Even if you aren’t sure what happened, filing a report puts the daycare on record. That can prevent further harm to other children and may reveal a pattern of neglect that supports your legal claim.
What Can You Sue a Daycare For?
Legally speaking, what can you sue a daycare for? In Florida, daycares are required to meet specific health and safety standards under state law. When they don’t, and a child is harmed as a result, they may be held liable for:
- Failing to supervise children properly (leading to injury or harm)
- Leaving children unattended or unsupervised
- Allowing children access to hazardous materials or unsafe play areas
- Failing to maintain secure facilities (broken gates, unlocked doors)
- Ignoring signs of abuse or failing to report suspected abuse
- Employing unqualified, untrained, or background-check-deficient staff
This isn’t about punishing daycares for minor missteps. It’s about accountability when negligence causes harm to children who can’t advocate for themselves.
If you’ve asked questions and aren’t getting answers, or if you’re being told to sign waivers or “let it go,” stop. Your child’s safety isn’t up for negotiation, and neither is your right to legal recourse.
How to Prove Negligence in a Daycare Injury Incident
To pursue a lawsuit, you’ll need to understand how to prove negligence. In Florida, negligence requires proving four elements:
- Duty of Care: The daycare had a legal obligation to supervise and protect your child.
- Breach of Duty: That obligation was not fulfilled. Maybe staff were distracted, undertrained, or simply absent.
- Causation: The daycare’s failure directly caused your child’s injury.
- Damages: The injury resulted in measurable harm—medical bills, emotional trauma, or other consequences.
Evidence is critical. That includes incident reports, eyewitness statements, security footage, photographs, and medical records. Don’t rely solely on what the daycare tells you. Document what you see, hear, and feel. These cases often turn on small but powerful details.
In some cases, expert witnesses may be needed to explain how the daycare failed to meet professional standards or state-mandated requirements.
It may also help to gather testimonies from other parents if similar concerns have been raised before. Patterns of behavior can strengthen a case and shift the argument from an isolated event to systemic negligence.
How Much Are Daycare Abuse Settlements Worth?
Let’s talk money, even though no amount can undo the harm to your child. Daycare abuse settlements in Florida vary widely based on the severity of the injury, the duration of abuse or neglect, and the long-term consequences. In minor injury cases, settlements may cover:
- Medical expenses
- Therapy or counseling costs
- Parental lost wages
- Emotional distress
In more severe cases involving abuse, disability, or trauma, settlements can be significantly higher. Some cases may go to trial, especially when the daycare refuses to accept responsibility or if the injury resulted in permanent harm.
Every case is unique. That’s why speaking to a lawyer early can help you understand the potential value of your claim and whether a lawsuit is the best course of action.
A qualified attorney can also help calculate damages for pain and suffering, future care needs, and even punitive damages when gross negligence is involved.
Why Beregovich Law Firm Is Trusted in Complex Daycare Negligence Lawsuits
At Beregovich Law, attorney Andres Beregovich handles each case with the seriousness it deserves. With a career rooted in service, public policy, and legal rigor, he doesn’t take shortcuts. He listens. He investigates. He fights—strategically and thoroughly.
Andres has represented clients across Florida in highly sensitive personal injury matters, including those involving children. His experience extends beyond legal textbooks—he’s a seasoned litigator.. But at his core, his mission is simple: help people navigate complex legal challenges with strength, empathy, and clarity.
In daycare injury cases, he understands how personal the stakes are. You’re not just another file. You’re a parent protecting your child. Andres handles every daycare negligence lawsuit personally, ensuring each client feels heard and empowered throughout the process. If you’re searching for daycare injury lawyers who won’t brush you off or drown you in legalese, start here.
When suing a daycare for negligence, you need more than just an apology. You need answers, accountability, and action. Contact us today to speak with Andres Beregovich about your rights and how to move forward. Because when a daycare fails your child, doing nothing isn’t an option—and Andres is here to help you fight back.
