Daycare injuries caused by abuse or neglect can result in two types of cases
- One is a criminal case against the person or people that caused your child harm;
- And the second is a civil case against the daycare for the injuries and damages to your child caused by negligence.
Most parents that have had a child who was the victim of abuse at daycare often ask us whether the caregiver will be criminally charged for what they’ve done.
If the incident involving your child leads to a criminal investigation, the ultimate decision of whether or not criminal charges will be brought against the caregiver is up to the local police department and the district attorney’s office. Most often, these criminal charges involve incidents like physical abuse and sexual abuse.
In criminal cases, the state can pursue punishment like jail time, probation, and retribution.
On the other hand, the civil case involves the family’s pursuit of a legal claim or lawsuit against the daycare, its owners, and any others for their responsibility in causing the damages and injuries to your child.
This path to justice does not involve criminal charges and is not pursued by the district attorney's office.
Rather, the family hires a daycare injury lawyer, like our team here at The Button Law Firm, to pursue justice for their child.
The damages that can be pursued in a civil case are:
- medical expenses,
- loss of enjoyment of life,
- pain and suffering,
- mental anguish,
- and loss of earning capacity.
It’s important for parents to hire daycare injury attorneys that understand how both the civil and criminal process works so that the the family gets the help they need.
If you have questions about filing a civil lawsuit against a negligent daycare, contact us first. Our team has handled many daycare claims and lawsuits, including abuse, neglect, and other forms of mistreatment.
Be sure to reach out to us today. We want to help you get justice and keep moving forward.