I want to start off by saying that I have a great deal of remorse that your child has been injured while attending their daycare. It’s not fair to your child, and it’s not fair to you the working parents. You trusted the facility to hire qualified daycare employees and to prevent any dangers from occurring to your child, but they have let you down. The reason why I started this firm is because of my passion for kids and also my passion for rightful judgment and helping people find it through my practice.
Please read about the importance of making incident reports for a daycare negligence case. It is vital that you read this helpful information so that you give yourself the best chance for justice. Continue to read and educate yourself on the proper way to handle your situation.
The Importance Of Incident Reports When Daycare Injury Or Abuse Is Involved:
The first and most important step is to request the daycare to create an incident report. No matter how small or serious the injury is, an incident report should be a detailed report of what happened, when it happened, how it happened and what teachers’ care your child was under. It’s better to get this incident report when the event is fresh in everyone’s mind.
Another important reason to request an incident report is that daycare centers tend to downplay the situation to protect themselves. If a case were to arise from the injury and they were to change their story on what happened months after, the incident report will (hopefully) have the truth. This happens way too often.
Making a report on a daycare facility is not only limited to injuries, a teachers’ reckless behavior at a facility should always be reported. This is most often swept under the rug because of the daycare center trying to cover themselves or the child simply can not express themselves or is afraid to come forward. Bringing awareness to these issues is the only way change will happen and can be essential to our children's psychological growth. If all our kids see at daycare is aggression, anger, and annoyance from their teacher, that’s what they will emulate at home.
What Should I Do If They Don't Want To Give Me An Incident Report For My Child's Daycare Injury?
There have been instances where parents want to do an incident report and the daycare tells them that they only do incident reports on serious injuries. This is not good or safe. Every incident should be recorded as the parents have the right to know.
If the daycare does not want to give you an incident report, make one yourself:
- Take a piece of paper, write out the date and what happened (to your best understanding), when it happened (time) and where (daycare facility and exactly what part of the daycare facility).
- Include details you were told and how the staff acted.
- Include details of how you found out.
- Sign it, make a copy and hand them a copy, but you keep the original. This is to ensure them that you know it exists. If you do this but give the daycare facility your only copy, it may not exist later on.
- Write down the name of the person that you handed it to first and last name
- It’s very important that you ask for a copy of the incident report. Daycare Centers are supposed to keep copies but often times don’t. Another reason to keep the incident report is if you are planning on taking your child out, they will not have the record in hand when a lawyer gets involved.
We have a full guide for parents who need to report a daycare injury. You can request your free e-version copy with the link that will be provided below. You also have the option to request a free paper copy to be sent to your home. We created this guide so parents can be informed of their rights and know what correct steps to take when dealing with a daycare injury. We hope it is helpful to you and your family.
How Long Will It Take Before I Receive The Incident Report From The Daycare?
You will typically receive the incident report anywhere from 15 to 45 days. Once it’s finished, the family will receive a letter in the mail. In that letter, the family has the option to do an open record request to receive the investigation materials to see what caused an injury to their child.
You can follow the article link to find out more information on Incident Reports: Lessons Learned About Making Incident Reports At Texas Daycare Centers.
Don’t Fall For A Daycare’s Typical Defense Towards Injuries: “Kids Will Be Kids”
When an injury does occur, teachers and caregivers like to say “kids will be kids” and a lot of the times did not let a parents know that their child was injured. They do this to avoid getting into trouble with their facility. No one has the right to keep that important information from the child’s parents of the event that happened. Many bad daycare centers are still up and running because no one wants to speak up about an injury, fearing that their jobs would be in jeopardy. Until they are held accountable it will continue to happen and we need to see it stop.
When a child is injured while at daycare, it is not “kids will be kids” as the daycare centers want to call it, but it is the fact that we have paid and trained adults that we trust will do their jobs and look after the little ones with love and care. Not only is the daycare centers motto wrong, but it is an excuse to cover up negligent behavior and to take full responsibilities for themselves. Unfortunately, many daycare facilities do this and are still up and running with no consequences and they will continue to get away with it until they are held accountable.
Check out our article on Why Daycare Centers Try To Cover Up Their System Failures.
How Can The Button Law Firm Help?
Each case is different and the injuries affect each child and their family differently which is why we make sure to independently analyze each injury and the effect it has had on the family.
The following damages are allowed under a daycare case:
- Medical expenses from the past and the future
- Lost work for the parents to care for the child
- Mental anguish for the child and physical impairment of their daily activities
If your child is receiving or has received medical treatment for their daycare injuries, you may have to pay the medical providers back or reimburse them under the law for injuries caused by a third-party.
If you have health insurance, Medicaid, or Medicare that covers your child’s injuries, they will need to be paid back for what was paid out for injuries related to the case, which is also called subrogation or reimbursement. We handle this as it is complex and can be time-consuming as there are a lot of hoops to jump through. Check out our article on Medical Bills that have accumulated due to a daycare injury.
If you are currently dealing with an injury to your child due to the daycare's negligence, please give us a call at 214-888-2216. You can also fill out our Contact Us form. We are here for you and your family and want to help you make the best decision through free legal information.