If you are looking for the average settlement for daycare negligence, you have come to the right place.
When it comes to someone hurting your child, there is actually no compensation that can be made up for it. Still, according to the law, there is something called “Daycare Negligence Settlement” that lets your child get some financial compensation for both the physical and psychological injuries caused at the daycare center.
Millions of children get admission to daycare centers and nursery schools across the US and Canada. The most important aspect of these daycare centers is the child’s safety.
It is the supervisor’s duty to protect the child from any kind of harm or injury. If there is a breach of duty to protect the safety and welfare of the child that leads to injury, then it results in daycare negligence lawsuits.
When To Apply For A Lawsuit?
In such cases, there can be a claim for accidents on the premises, environmental hazards, sexual harassment or physical abuse the staff member, etc.
In order to apply for a lawsuit, the injury must be significant and the family or their lawyers must prove that the injury or accident caused was due to the negligence of the staffs of the daycare center.
How Much Compensation Can You Get?
This type of cases presents new issues relating to the settlement and valuation as the psychological and emotional damages caused can be quite difficult to quantify.
Also, children often cannot express the physical and mental problems they are suffering until they are more mature. At that point, the state of limitations might be expired and so no claim can be filed.
It is not possible to mention an “average” sum of money that the child will get for their medical expenses as the cases differ. The payouts from such cases include the lawyer’s fees, lawsuit expenses, fees paid to the insurance companies for taking care of the child, etc.
So, the parents don’t actually receive the total amount of the payout; all these fees are deducted before they receive the payment.
The parents can claim money to be reimbursed for the medical bills, the time they had to be away from work for visiting doctors, the psychological trauma they and their child had to go through, etc.
A rule of thumb is to calculate the total settlement offer by multiplying the special damages by a factor of one or two. The case can be settled through a structured annuity settlement.
This is an agreement to pay the lump sum settlement into periodic payouts over a number of years. If the family of the victim doesn’t touch the annuity settlement then it can help the family pay for the higher education of the child.
Tips To Avoid Daycare Negligence Cases
The daycare centers should have proper license and insurance to operate. Insurance can save them from large payouts in case of accidents.
The staffs of the daycare centers must be properly trained and there must be implemented policies and procedures to take care of the children in the daycare center.
The daycare should conduct regular background checks for the volunteers and employees.
The premises should also be checked to ensure that it’s safe. These steps can help to reduce the number of such incidents.