How To Find A Lawyer For Child Injuries In Daycare

No parent ever wants to get a call from a daycare facility informing them that their child has been injured. Nonetheless, daycare injuries do occur here in Michigan. The decision to place your child in daycare is based on trust. You are trusting them with your most prized possession. However, what happens if that trust is violated through negligence? If the worst happens, our experienced team of lawyers can help get you justice and fair compensation. 

Is It Normal for Kids to Get Hurt at Daycare?

It’s common for kids to suffer ordinary, everyday injuries while at daycare. Most of these are not cause for alarm. Below are some typical injuries children can experience while at daycare:

• Bite Marks
• Allergic reactions
• Illnesses
• Scratches 
• Bruises
• Sprains
• Broken Bones

Children can get pretty rowdy in their play, and it’s nearly impossible to prevent them from experiencing these minor injuries. If you’ve noticed small bite marks on your child’s skin, be aware that some children do bite other children occasionally, and this is likely just the result of a playground argument. 

Allergic reactions and other illnesses can be a serious threat to your child’s well-being. It’s essential they receive the medical care they need immediately. Michigan law requires daycare providers to be trained in CPR and first aid to keep your child safe in the immediate aftermath of any reaction or injury. Daycares must also take precautions to protect children from allergic reactions and infections. 

The other physical injuries in that list can occur in any daycare facility, but they are more frequent at facilities that have outdoor play areas. Physically active children tend to get hurt more frequently through falls or outdoor activities. Broken bones can be distressing and extremely painful but are fairly standard in daycare settings. A lawyer can complete a detailed investigation of the injury to verify whether or not negligence or foul play on the part of the daycare was involved. 

How Do You Know if Abuse Is Happening at a Daycare?

Abuse can take many forms, including negligence. If you’re concerned that your child may be experiencing abuse, it’s essential to know the warning signs:

• Sudden changes in appetite
• Unexplained (and severe) bruising, pinching, or scratching
• Unexpected changes in mood or behavior (abnormally shy or excessively aggressive)
• Sleeping problems (difficulty sleeping, nightmares)
• Behavior or knowledge that is inappropriate for their age and development level (either abnormally adult-like or infantile)

It’s important to remember that all these occurrences could have benign explanations. However, they can also be signs that your child could have been physically, emotionally, or sexually abused at a daycare facility. If your child is old enough to talk, it’s vital to speak with them to see if they can shed any light on what’s causing these changes. However, be aware that abusers can be highly manipulative and have been known to convince children to lie to their parents in the past. You need to know what steps to take should you be concerned about potential abuse. 

What Actions to Take When a Child Is Injured

The steps to take after your child is injured depend on the severity of their injury while at the daycare. Minor injuries may not need a full legal investigation. On the other hand, if your child has been seriously hurt, it’s crucially important to take the proper steps from day one. 

Regardless of the severity of the injuries, the first step is to ensure the health of your child once they are in your care. If you suspect any severe injuries, either internal or external, take your child to a doctor immediately. Be sure your child has the medical care they need as quickly as possible. Speed is vital. If the injuries are extremely serious, call 911. 

Once the child’s health is stabilized, you can follow the steps outlined below to resolve the incident. 

What To Do If The Injury Was Minor

If the child was only hurt minorly, the first step is to contact the daycare facility. Be sure to ask for the director or owner. They may not contact you, so be sure to contact them. In your conversation, ask detailed questions and determine how the incident occurred. If the owner takes responsibility for what happened, you both may be able to work out a plan to prevent this injury from occurring again in the future. 

You may also report a daycare violation to the Michigan Department of Lifelong Education, Advancement, and Potential (MiLEAP) using the phone number or form here: Child Care Report.

How to Respond to Serious Injuries or Abuse

Although this is a nightmare, serious injuries do occur in Michigan daycare facilities. In fact, in 2022 alone, there were 489 cases of severe injury or substantiated neglect in this state. Serious injuries require overnight hospital stays, casts, or stitches. Children may also suffer traumatic brain injuries (TBIs) as a result of falls or abuse. These serious injuries can cause significant suffering for both you and your child. They can also cost you financially in the form of medical bills and missed work. Some injuries may even leave your child with a lifelong disability. In cases of this kind, you need to take the right steps. 

1. Contact The Daycare Provider

Firstly, reach out to speak with the daycare provider. This conversation will be different than the one described above. In this conversation, you’re not trying to “work things out”; you’re gathering evidence. Ask to speak to the director first, and then ask to speak to any of the professionals who were on duty when the accident occurred. Ask for permission to review the security camera footage documenting the incident. Record notes for legal reference later. Sometimes, in the interests of protecting their business and reputation, daycares will resist your requests. You may need to bring in a lawyer to compel them to comply. 

2. Report The Daycare To MiLEAP

Then, report the daycare to MiLEAP as quickly as possible. The law requires daycare centers to report a serious injury verbally within 24 hours. They must also submit a written report within 72 hours of the verbal report. This can then trigger a special investigation into the injuries. However, do not wait for the daycare to act. Make a report yourself with all the details you have gathered. 

3. Consult A Personal Injury Attorney

The third step is to contact a team of personal injury attorneys with experience and knowledge of Michigan injury case law. Look at their record to determine how effective they are at winning cases, and then give them a call. These lawyers can then do a full investigation of the injury to help you determine who may be responsible and whether or not there are grounds for a lawsuit. If there are good grounds, they will then help you navigate the complex legal process to secure justice for yourself and your family. 

Can I Sue for Daycare Injuries?

Yes, you can. Daycare injuries are a form of personal injury that can be due to negligence or even abuse. There are laws in Michigan designed to secure your children’s health and well-being. If a daycare provider or center breaks these laws, trust the attorneys of the Mike Morse Law Firm to ensure that your rights are protected. Founded in 1995, the Mike Morse Law Firm has served 25,000 clients and collected more than $1.5 billion in compensation for victims. Give us a call and see how we can help you through this challenging time.