If your child is injured as a result of daycare abuse or negligence in a daycare accident you may be wondering if your child is entitled to damages, and if so, how much? Every case of daycare abuse or negligence is different. The worth of your child’s case is determined by several factors.  Flora Templeton Stuart Accident Injury Lawyers offer a free evaluation of your child injury case. It is important to consult with an experienced personal injury attorney as soon as possible in order to strengthen the case.  

 

Was Your Child Injured Due to Abuse or Neglect? 

 Sometimes children are hurt in daycare settings due to an accident for which nobody is at fault. Other times, however, a child may be injured because a daycare or one of its employees did something wrong. Daycares may be liable for your child’s injury in one or more of the following circumstances: 

• Abuse – Your child was intentionally abused. This includes abuse of any kind, including sexual and non-sexual abuse, and can result in serious injuries. 

• Neglect – Kentucky, like most states, requires child care facilities to comply with safety standards. 922 KAR 2:100. Section 2  Most child care facilities also have their own policy and procedures in place. If the facility and/or any of its employees violated these standards or policies and your child was injured as a result, there may be grounds for a negligence claim.  

 

How Are Daycare Negligence and Abuse Claims Valued?  

The value of these types of cases is determined by many different factors, including: 

• The extent of your child’s injuries 
  • In most cases, the more serious the injury, the more compensation your child will be entitled to.  
  • A life-threatening injury may be worth more than a non-life-threatening injury. 
• The long-term impact of your child’s injuries 
  • A permanent injury may be worth more than a temporary injury. 
  • A total disability may be worth more than a partial disability. 
• Economic damages, such as the amount of medical bills, the cost of any disability accommodations, prescriptions, etc.
• Non-economic damages, including emotional distress and the loss of enjoyment of life that may result from a preventable injury. 
• How much insurance is there to collect 
  • Although child care facilities usually maintain insurance coverage for these types of situations, the amount of insurance (policy limits) available to collect from the business owner’s policy will affect the amount of compensation your child may receive.
  • In Kentucky, certified child care centers are required to obtain commercial liability insurance of at least $50,000 per occurrence within 90 days of applying for certification. 922 KAR 2:100. Section 2 
• Liability 
  • Was the injury intentional or preventable with due care? 
  • Was liability obvious or outrageous? 

 

Punitive Damages  

In rare cases, punitive damages may be available to increase the value of the case. KRS 411.184.  

This type of compensation is available if you can prove your child was the victim of “malice,” which is defined as “either conduct which is specifically intended by the defendant to cause tangible or intangible injury to the plaintiff or conduct that is carried out by the defendant both with a flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct will result in human death or bodily harm.” KRS 411.184(c).  

For example, if a daycare employee intentionally harms your child, or if a daycare continues to employ and individual with a known history of child abuse, your child may be entitled to punitive damages. 

 

What We Do to Help if Your Child Has Been Injured in a Daycare Accident

The strength of the evidence supporting your child’s claim can make a major difference in the potential settlement value.  At Flora Templeton Stuart Accident Injury Lawyers we will thoroughly investigate your child’s case and collect evidence. Specifically, we will: 

• Hire private investigators to obtain witness statements 
• Request and review surveillance footage 
• Our office will obtain investigation records from the Division of Regulated Child Care and police 
• Request and review relevant medical records and bills 
• Retain medical expert witnesses to evaluate your child’s injuries, explain the injuries, explain the child’s pain, and provide an opinion on potential future complications 
• Retain liability expert witnesses to provide an opinion on the standard of care breached by the daycare and its employees 
• Refer your child to excellent physicians  
• Prepare extensive settlement demands 
• Ensure medical liens are reduced to the extent possible and are paid.  
• Work with you to set up an annuity or structured settlement for your child’s future. 

Our attorneys also negotiate with insurance company to get our clients top settlements, and if we cannot settle the case for a fair and reasonable amount, we will file a lawsuit and mediate the claim if your child was seriously injured and the case is well in excess of the insurance company’s offer.  

 

How is a Kentucky Minor Child Injury Case Different from an Adult Injury Case? 

Child injury claims in Kentucky have longer statute of limitations than ordinary adult injury claims, as the child’s injury claim statute of limitations does not begin to run until they reach the age of majority, or 18 years of age. 

• This means if your child was injured when they were 13 years old, the statute of limitations does not begin to run until they reach the age of 18.  

• Think of it as if the accident happened the day they turned 18. 

This may be very beneficial for the medical treatment of the minor child, as they will have additional time to receive treatment, ensure that they have fully recovered from their injuries, and understand the extent of any future complications they may suffer as a result of the injuries. 

• Sometimes, children are too young to effectively communicate the extent of their injuries. If your child suffered a concussion or brain injury, it may take years before the symptoms and full extent of the injuries are apparent. 

• Similarly, if the child has a broken bone it can take years of follow ups with medical providers before future treatment is known. 

The longer statute of limitations gives you more time to make sure that your child has received all the medical treatment they need for their injuries. 

 

What Happens if a Child Receives a Settlement Offer for their Daycare Injury Claim? 

Minors cannot sign a release from the insurance company, nor do they automatically receive their settlement money like most adults do in injury cases. 

Under Kentucky law, if we receive a settlement offer for a minor child that is more than $25,000, the settlement will need to be approved by the court. KRS 387.278. This is typically accomplished in the local district probate court where the minor child resides.  

In these circumstances, a “guardian” must also be appointed by the local probate court. KRS 387.278. The parent or legal adult raising the child will be appointed as guardian so they can act on behalf of the child in the case.  

This court-appointed guardian will be the one to sign the releases on behalf of the child’s in the personal injury settlement. 

Our experienced obtain court approval and file the appropriate probate documents in the appropriate court without any additional fees. 

 

What Happens with the Settlement Money in a Daycare Abuse or Negligence Claim? 

Once our attorneys obtain a settlement on your child’s behalf, our office consults with the appropriate parent and/or guardian to discuss whether your child would benefit from an annuity or structured settlement, or if the funds should be placed in a blocked account until the child reaches the age of 18. 

• Depending on the settlement amount, an annuity or structured settlement can be a great way to protect your child’s future. Structured settlements not only gain interest, but can also be set up to be disbursed at certain dates in the future. 

• For example, we can help structure an annuity so your child will receive part of the settlement on their 18th birthday, 22nd birthday, 25th birthday and so on, in either lump sums, or monthly payments. 

• The establishment of a structured settlement or annuity will not only protect the funds for future use by your child, but they may provide certain tax advantages, as well.  

Flora Templeton Stuart Injury Accident Lawyers take pride in helping structure college or trade school annuities to ensure your child has those resources available to them when the time is right.  

 

How Our Law Firm Will Maximize the Value of Your Child’s Claim 

Getting the top settlement for your child’s claim depends on hiring the right attorney. At Flora Templeton Stuart Accident Injury Lawyers we leave no stone unturned. We thoroughly investigate our clients’ cases, request and review medical records and bills, prepare our clients’ extensive settlement demands, and ensure medical liens are reduced to the extent possible and medical bills are paid.   

Our highly experienced attorneys personally negotiate with insurance companies to get our clients top settlements, and if we cannot settle the case for a fair and reasonable amount, we will file a lawsuit and mediate the claim if your child was seriously injured and the case is well in excess of the insurance company’s offer.   

We work for our clients to refer them to excellent and credible physicians to get the treatment they need and the settlement they deserve.  We accept cases on a contingency fee basis, which means we take care of the up front costs and get paid only if we recover compensation for your child.    

Call us today at (888) 782-9090 or contact us online for a free consultation. Our lines are open 24/7.