Child Injury in Day Care Average Case Settlement

The value of a negligence by a day care facility lawsuit is based on a variety of factors, including:

• Was the day care a licensed commercial facility or was it a home-based day care (premises liability insurance versus homeowners insurance for injuries to the child)?
• What were the circumstances of neglect that led to the child being injured?
• What were the specific injuries sustained by the child?
• Will the child have long-term / lifelong compilations, including psychosocial damage?

Claims against day care providers generally result in high settlements, though it’s impossible to say what the average lawsuit is worth. At our law firm, we find that $100,000 to $3,000,000 is a probable range of case values where injuries at a day care are involved. Of course, case values are lower (around $10,000 to $50,000) if the injuries are relatively minor, like cuts on the hand, hairline fractures, and first degree burns. But many of the clients we represent sustain serious, long-term injuries, including emotional trauma from day care sexual abuse.

Sexual assault at a day care center is a special type of injury claim that is governed by different rules and procedures. Most of these cases are committed by a specific individual, like one of the teachers at the facility. The problem here is that many of these instances involve some degree of negligence by the owner. For example, other teachers may have reported incidents or suspicion of child abuse by the abuser, but the owner chose to ignore this information. This is a direct violation of California’s mandatory reporting rules, which obligate child care centers to report all cases of abuse (or suspicion of abuse) to the police, in addition to informing the parents.

Another possibility is the failure to adequately screen prospective employees or fire / suspend them if there are accusations of inappropriate sexual conduct. This is more of a problem with private day cares (in someone’s home, for example), but even major franchises can be guilty of failing to conduct thorough background checks.

Case values for day care sexual assault lawsuits are almost always in the 6 to 7 figure range. In fact, many of these claims are settled for $1,000,000 to $2,500,000 or more, especially if the case goes to trial. The key is to work with an experienced child sexual abuse lawyer, who can build a strong case and fight for the compensation you deserve.

In this section, we will take a look at some day care lawsuit verdicts and settlements from around the country. We hope this will provide you with a better sense of what is possible when it comes to payments from a lawsuit against a day care provider. Keep in mind, however, that these amounts may not reflect what you are entitled to as the victim or loved one of a day care accident injury.

• $325,000 for a child who was stabbed by another child with a pair of scissors. The day care center was sued based on their failure to adequately supervise the child when they knew the child had a propensity for violence. Aside from medical expenses, compensation was awarded for the child’s pain and suffering, lifetime disfigurement, and mental anguish.
• $142,000,000 for an infant who died from asphyxiation when the owner of the daycare swaddled him and placed him on an adult bed. The child was found dead by one of the employees several hours later, presumably from rolling over (he was face down on the bed) and suffocating.
• $60,300 for an infant who sustained a 4-inch cut to his upper lip during nap time. The day care center was found to be negligent for leaving breakable items (a glass cup) near sleeping children. The incident occurred when a gust of wind blew a poster off the wall that knocked over a cup on the windowsill.
• $300,000 on behalf of an infant who was scalded by a 4-year-old child. The daycare was found to be at fault for leaving the baby alone with the child.
• $3,000,000 awarded on behalf of a child who was sexually abused at a day care. The perpetrator of the assault was the day care owner’s 13-year-old son.

The length of a child care injury accident case depends on our ability to reach a fair settlement with the other party. For the average personal injury claim, this process may be resolved within a few months. But cases involving injuries to a child, especially by a day care provider, will probably take one or more years from start to finish. Much of the timeline will depend on the business owner’s willingness to work towards a fair settlement. Whether your case goes to trial is another critical factor, though most of these cases are settled out of court. For a detailed explanation on how long it may take to reach a settlement in your case, contact us to schedule a free case review.

The statute of limitations for cases involving child victims is two years from the time the child turns 18. This is to ensure that child victims have a chance for justice as adults if no action was taken on their behalf while they were under the age of consent.

One notable exception to this rule is lawsuits for child sexual abuse at a day care center. In California, adult survivors of sexual assault during childhood have up until the age of 40 to file a lawsuit. Of course, it’s in your best interest to file a claim as soon as possible, but many children do not realize what has happened to them until they are adults. Alternatively, they may have been afraid or ashamed to tell their parents or another trusted adult about the abuse.

Statute of limitations can be a confusing topic, especially for child victims and their family members. To verify the amount of time you have for a child in day care injury lawsuit, don’t hesitate to give us a call.

The lawyers of Downtown LA Law Law Group have been fighting for the rights of injury victims for many years. We are more than ready to provide you with representation if you or your child was injured due to negligence at a child care facility. We can help you no matter where you are in the legal process, so please contact us to schedule a free initial consultation or free second opinion.

We operate on the premise that all injury victims deserve free legal services. That’s why we protect you with the Zero Fee Guarantee from day one. The only way we get paid is by winning your case and receiving a portion of your settlement. There’s nothing for you to pay if we don’t win your case, and that’s a promise to you under our policy of “No Recovery, No Payment.”

To explore your rights and legal options with a day care accident lawsuit attorney, contact our law firm.

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