MIAMI DAYCARE ACCIDENT LAWYER
A daycare center provides alternative solutions for parents. As parents work for a living, they need to entrust their children to a child care institution for the day. As the parents work for hours, they want peace of mind and an assurance that their children are well taken care of. Unfortunately, not all daycare centers provide the care they ought to do.
Daycare centers are not exempted from accidents caused by the negligence of the people in charge. Accidents can range from minor to major child injuries. In some cases, it can be fatal due to staff members’ lack of care and supervision.
Fortunately, parents have legal remedies when it comes to holding the daycare center accountable. The Soffer Firm Miami Personal Injury Attorneys is a personal injury law firm in Miami that handles daycare injury cases. At The Soffer Firm, we understand the value of your claim, and we will make sure you get compensation for medical expenses and other losses.
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WHAT ARE THE COMMON INJURIES RESULTING FROM MIAMI DAYCARE ACCIDENTS?
Children tend to be playful and curious by nature, and their actions can sometimes lead to accidents. Given this fact, a daycare facility has the responsibility of providing a safe environment for children.
Here are the most common injuries resulting from accidents in a Miami daycare center:
- Minor injuries such as scrapes, bruises, and scratches;
- Bone injuries such as fractures, dislocations, and sprains;
- Internal injuries such as head trauma, concussions, internal bleeding, and abdominal injury
- Unintentional poisoning
- Burns
- Eye injuries
- Choking or suffocation
WHAT ARE THE COMMON CAUSES OF MIAMI DAYCARE ACCIDENTS?
Regardless of the nature of a child’s accident, daycare centers have the responsibility to ensure the safety of their children. This includes ensuring that areas, where children are present, are safe. Also, employees should be properly trained to handle situations, and no one has potential choking hazards in their area.
Despite knowing this responsibility, many daycare centers are negligent in their responsibilities, and children get hurt. Some causes of these accidents include:
Negligent Supervision
Negligent supervision from employees is one of the most common causes of daycare accidents. Not only can this occur because an employee is not paying attention, but it can also be a case where an adult does not have the proper training.
Child Abuse
Abuse and neglect at daycare facilities are some of the most preventable causes of accidents. This abuse occurs when staff members are not trained enough to handle difficult or naughty children. Untrained staff members may not have the patience and knowledge required of a child. Improper screening of employees is also another cause of child maltreatment.
WHAT ARE THE TYPES OF DAYCARE ACCIDENTS IN MIAMI, FL?
Although there are many different types of daycare accidents in Miami, Florida that parents need to be aware of when researching child care facilities, some common examples include:
- Slip and Falls. A very common accident in preschools and elementary schools is when a student falls down or off of playground equipment. Fall accidents can result in broken bones or other serious physical injuries.
- Accidents involving sports equipment. Children may be injured when playing with other classmates on gym equipment, during physical education classes, or even while using balls provided by the daycare for playtime.
- Accidents involving small objects. If a child is left unsupervised in a room where dangerous objects such as scissors, glue, or even lead paint, they may become injured.
- Animal attacks. Because many daycare centers welcome pets for those children who are close to them, there is a chance that an animal will attack a student.
WHAT COMPENSATION ARE YOU ENTITLED TO RECOVER FOR YOUR CHILD'S INJURIES?
If your child has sustained major or minor injuries, it is important to understand the benefits and compensation that you may be entitled to. Fortunately, if your child was injured due to negligence by another party, you may have a legal right to pursue compensation for those injuries.
- Compensation for medical bills – This is the most obvious benefit that you may recover. The reimbursement of your child’s medical bills, which are directly related to the injuries sustained in the accident or incident, is generally covered under this category.
- Compensation for pain and suffering – This type of compensation covers non-tangible losses resulting from accidents or incidents. For example, suppose your child has sustained injuries and the recovery time for those injuries lasted longer than expected. In that case, you may be entitled to non-economic damages for your child’s pain and suffering.
- Compensation for emotional distress – This type of compensation covers the emotional stress and mental anguish that your child may have suffered. It can cover a wide range of circumstances, including the fear of dying, the major surgical procedures under anesthesia, loss of a limb, or disfigurement.
WHO IS LIABLE FOR MIAMI DAYCARE INJURIES?
In seeking compensation for a child’s injuries, parents must weigh their legal options when a child suffers an injury while under the care of a licensed daycare provider. Naturally, parents want to pursue compensation from the facility where their child was injured. This has to be specific and thoroughly investigated.
In daycare injuries, the parties that could be liable are :
- The daycare facility itself
- The individual responsible for the child at the facility
- The owner of a building where a child is injured while under a daycare’s care
In many cases, it’s difficult to determine who should be held directly responsible for a particular injury. Contact a personal injury law firm to discuss your child’s case.
DOES A WAIVER PROTECT DAYCARE FACILITIES FROM LIABILITY?
Parents often see liability waivers in signing up their children for daycare. Many parents think that this would protect the daycare facility from lawsuits even if their child suffered from injuries. However, parents need to understand that these waivers have limitations when presented in courts.
Florida law does not allow waiver of rights that are not favorable to any party, especially those that allow entities to escape liability from their daycare negligence. This means that parents cannot sign away their child’s right to protection if the daycare facility is negligent. Parents are encouraged to check with an attorney or read up on their legal rights before signing any document. Daycare centers cannot escape a personal injury lawsuit for their negligence.
WHAT SHOULD YOU DO RIGHT AFTER A DAYCARE ACCIDENT?
If you suspect that your kid was harmed at a child care facility in Miami, taking certain actions might help you make a stronger case. When a child’s injuries involve a daycare accident, know the most important things to do:
- Seek immediate medical attention – Call 911 if there are any life-threatening injuries. See a doctor as soon as possible. Please bring your child to the emergency room or physician’s office to ensure that they are being treated for all injuries and not overlooked.
- Gather necessary information – Take note of the time of the accident, statements of possible witnesses and caregivers, and any documentation of your child’s injury that might help the physician determine the extent of it. Testimonial evidence can prove the intentional misconduct of daycare providers.
- Keep receipts of medical expenses – Seek copies of medical records, hospital bills, medication receipts, and other documentation of treatment costs.
- Call a personal accident lawyer – To determine your rights and how you can recover compensation, call a personal injury law firm to discuss your case.
At The Soffer Firm Miami Personal Injury Attorneys, we provide a free consultation regarding your child’s daycare accident. If you suspect that your child was seriously injured at a daycare facility in Miami, contact us immediately.
WHAT IS THE DUTY OF CARE OF THE DAYCARE PROVIDERS?
A daycare center needs to follow certain standards as set by the state to operate its business. These rules are mostly put into place for the safety of the children under their care. This includes making sure that the right number of staff or employees is present, so children are not left alone in the care of another child. To simplify further, listed below are the common duties of a daycare center:
- Providing food and drink;
- Taking children to rest periods, naps, or at least quiet times for an hour or so;
- Educating the child through play;
- Providing protective guard against weather elements such as heat, rain, or cold;
- Providing health care or first aid when needed;
- Preventing accidents, fires, and natural disasters, among others;
- Making sure that children are properly fed and cared for by trained staff members;
- Closely supervise children and their overall conduct.
WHAT ARE SOME SIGNS OF DAYCARE NEGLECT AND ABUSE?
A daycare center has the responsibility of ensuring a safe and nurturing environment for your child. If your child is in the care of a daycare center, you may be concerned for their safety and well-being at all times. Unfortunately, daycares do not always live up to this responsibility.
Neglectful and abusive behavior from daycare centers occurs far more often than most people realize. If you suspect that your child is in danger at their daycare, there are some warning signs to look for. Some of the most common signs of neglect and abuse in daycares include the following:
- Your child frequently arrives home with injuries or reports incidents where they were hurt by other children or staff members at the daycare.
- Your child reports a lack of supervision, leaving them free to wander away from the daycare without adult supervision.
- Your child is frequently dirty and has bad hygiene when they are returned home after being in the care of the daycare center.
- Your child complains that they do not like going to their daycare or appear anxious or agitated whenever you try to drop them off.
Consult with a Miami daycare accident attorney from The Soffer Firm. Your children’s experience in a daycare center is deemed confidential or sensitive information, which we value. Our highly experienced daycare injury attorneys in Miami will work diligently to ensure that your children receive the compassion and attention they deserve.
WHY CHOOSE THE SOFFER FIRM MIAMI PERSONAL INJURY ATTORNEYS FOR YOUR MIAMI DAYCARE ACCIDENT CLAIM?
In deliberating the best legal options for you, you must also consider the experience and knowledge of a Miami daycare accident lawyer for your claim. The Soffer Firm is a Miami personal injury law firm that has secured millions in damages and compensation in personal injury claims. More than anything, it is best to know the reasons why people choose The Soffer Firm as their legal counsel:
- Experience in handling personal injury lawsuits, especially those involving children. The Soffer Firm currently has an established record of successfully handling claims for compensation against daycare providers, schools, and other establishments.
- Knowledge in negotiating with insurance companies. The Soffer Firm has years of experience in dealing with various professionals within the industry. Their knowledge and exposure will help you get the best settlement for your claim.
- Professionalism and responsiveness. We serve our clients and understand the urgency of their situation since the protection of children is a special concern. We value our attorney-client relationship with our clients and ensure the protection of confidential and sensitive information.
- The Soffer Firm is a member of the million-dollar advocates forum, a group of attorneys whose membership includes trial lawyers that have secured millions in verdicts and settlement of claims.
TALK TO OUR MIAMI DAYCARE ACCIDENT ATTORNEY FOR A FREE CONSULTATION TODAY
Contact our law firm at (786) 788-7344 for a free consultation. The safety and security of children are what we value the most. As parents entrust the care and custody of their children with caregivers, they expect their children to be safe, secure, and protected.
At The Soffer Firm Miami Personal Injury Attorneys, we recognize the value of a child’s life and safety, which is why we are committed to providing compassionate and dedicated legal representation. For a free consultation, contact us immediately to ensure that your rights are protected.