Daycare Injury Attorneys Serving All of Nevada
The Las Vegas daycare injury lawyers at Burg Simpson Law Firm understand that few things are more traumatic for a parent than learning your child has been injured while in the care of someone else. Your child deserves to be carefully and lovingly looked after, no matter if they are at a home or commercial daycare facility. When they are not properly cared for or, worse yet, when they are intentionally harmed, you have every right to hold the responsible party accountable and seek justice for your family.
At Burg Simpson, our Las Vegas daycare injury attorneys have decades of experience helping children and their families seek fair and full compensation for supervisory failures, unsafe environments, neglect, acts of violence, and more. We are here to listen to your story, provide straightforward legal advice, and assist you in determining the best course of action.
If your child has sustained an injury while in someone else’s care, call the Las Vegas office of Burg Simpson at 702-668-2070 to arrange a FREE and confidential case review with an experienced daycare injury attorney today. We are proud to provide aggressive legal representation for families dealing with the aftermath of daycare injuries throughout Nevada.
What Is a Daycare Injury?
Daycare injury may refer to any harm, either physical or emotional, that a child suffers while under the supervision of a daycare provider. However, it is important to bear in mind that children have a natural proclivity for exploring. Minor injuries–those that can be resolved with a bandaid and a hug–are to be expected, even at the safest of daycares. Serious injuries, on the other hand, are not. And when they occur, victims have the right to seek compensation for all related damages.
Some of the most common severe daycare injuries include:
Head and Brain Injuries
Children can suffer from serious head and brain injuries due to falls, being struck by objects, or during unsupervised play. These often lead to concussions, skull fractures, or traumatic brain injury, which can have long-term, potentially permanent neurological and physiological effects.
Fractured and Broken Bones
High-energy impacts, falls, and equipment accidents can all lead to bone fractures. Tragically, because children have more flexible bones, fractures or breaks may also indicate the application of significant force.
Choking and Suffocation
Young children often put objects in their mouths. These can become lodged in their throat and lead to choking. Similarly, unsafe sleeping environments or lack of supervision around blankets or cords can result in suffocation. Both types of injury can lead to permanent brain injury and, in the most tragic cases, death.
Near Drowning and Drowning
When a daycare facility has a pool or is located near a body of water, inadequate supervision can lead to incidents of near drowning or drowning. Like choking and suffocation, these accidents can cause permanent neurological damage or result in a loss of life.
Burns occur due to things like contact with hot surfaces, liquids, or electrical outlets. When burns are sustained in a daycare setting, a lack of adequate supervision or an insecure environment is likely the cause.
Unsecured hazardous materials may be attractive to children. In the daycare setting, this can lead to the Ingestion of cleaning supplies, medication, or other toxic substances.
Eye injuries can result from sharp objects, chemicals, or even small particles like sand or dust. Sadly, these can lead to a partial or total loss of vision, which may be permanent.
While often less obvious than physical injuries, neglect may include malnourishment, over/under medication, dehydration, and severe rash.
Our Las Vegas daycare injury lawyers have been helping families in Nevada for more than 40 years. If your child has been injured while in the care of someone else, we will apply our years of experience to reviewing your case, discussing your legal options, and helping you choose how best to pursue justice for your child.
What Are the Most Common Causes of Daycare Injuries?
Our daycare attorneys have seen accidents resulting from a number of situations, but insufficient supervision is among the most common. Young children are often completely unaware of the dangers that surround them. Without proper care and supervision, their natural tendency to explore can quickly lead to disaster.
In addition to inadequate supervision, common causes of daycare injury include:
- Unsafe Premises. Unmaintained playground equipment, harmful substances within reach, sharp corners, or unsanitary conditions can all lead to injuries.
- Improper Staffing. An unbalanced caregiver-to-child ratio can make it impossible for staff to adequately supervise children. Additionally, poorly trained staff may not know how to respond to the unpredictable behavior of small children. Both of these factors can lead to serious or even fatal injury.
- Food-Related Incidents. This can involve choking on food, allergic reactions due to ignorance of a child’s allergies, or food poisoning – all of which can lead to long-term complications.
- Transportation Accidents. If a daycare facility provides transportation, accidents can occur due to negligent driving or improper child restraints. Transportation accidents often result in catastrophic, life-altering injuries.
Daycare injuries can happen under a number of circumstances. Regardless of the cause, if your child suffers significant harm while at daycare, you may be eligible to seek compensation for all related damages.
The Las Vegas daycare injury lawyers at Burg Simpson are ready to help. Get in touch today to schedule your complimentary case review and learn more.
What Are the Signs of a Daycare Injury?
Some signs of daycare injury are obvious. Physical indications, such as cuts, bruises, fractures, or burns are visibly noticeable and should lead to immediate questions. But other signs of daycare negligence, abuse, or mistreatment may not be so clear. Emotional and psychological trauma, in particular, may take time to manifest.
Signs of daycare injuries could include:
If your child suddenly appears afraid or anxious about going to daycare, it might indicate an issue at the facility. So too might sudden depression or aggressive and combative behavior indicate daycare abuse or neglect.
Sleep or Appetite Changes
Children may sleep more or less than usual, or lose their appetite after traumatic incidents. In some cases, these disruptions can last for weeks or even months, creating additional issues, including delayed development, behavioral changes, and learning difficulties.
Bedwetting or thumb-sucking in children who have outgrown these behaviors can be signs of stress or trauma. So can the adoption of new and unusual behaviors, such as hair-sucking, rocking, or nail-biting.
Your child might talk about incidents that concern you or seem to be out of the ordinary. It is important to listen to your children when they tell you about their experiences, even if they sound unbelievable–and to take action when they turn out to be true.
A lack of progress or failure to reach developmental milestones can signal potential neglect or abuse. Delayed development may also be an indirect consequence of other types of mistreatment.
Many daycare injuries result in lasting or permanent damage. The long-term impacts of the injury must be considered when seeking compensation. Our Nevada daycare injury attorneys have the experience and resources needed to investigate claims of abuse and neglect, identify all liable parties, and build strong cases seeking full compensation for the damages your child has and may continue to suffer.
What Should I Do After a Daycare Injury in Las Vegas?
Following a daycare injury in Las Vegas, it’s essential to report the incident to the facility right away. Be sure to get a copy of the incident report. Swift medical attention is also crucial, even if the injury appears minor. Comprehensive documentation of your child’s injuries, medical treatment, and any related expenses will help to establish damages if you choose to file a claim.
If your child’s injuries are serious or there’s suspicion of neglect or abuse, it may also be necessary to contact child protective services and law enforcement.
What Documents Might be Needed For a Daycare Injury Claim?
In addition to documentation from your child’s doctor and a daycare incident report, information that may be needed to establish your right to file a daycare injury lawsuit includes:
- Your child’s enrollment and attendance information
- Any signed contracts or waivers
- Evidence of paid monthly tuition
- The names of all employees involved in the accident
- Photographs or videos of the accident or its aftermath
- Photographic or video evidence of your child’s injuries
When possible, having a record of eyewitness accounts can also prove helpful.
Navigating the aftermath of a daycare injury can be overwhelming for parents, but remember, you’re not alone. The daycare injury lawyers at Burg Simpson are here to help you understand your rights, advise you on the best course of action, and guide you through the legal process.
Can I Sue a Daycare for Injuries?
Daycare providers in Nevada are held to a standard of reasonable care in keeping children safe. (See NRS: Chapter 432A) This includes private daycare facilities, home daycare providers, and facilities run by the state.
Nevada recognizes and offers licensing for six types of childcare facilities. Each of these entities has a legal responsibility to take reasonable steps to ensure the safety and well-being of the children in their care.
When your child is injured at a daycare facility due to the negligence or intentional misconduct of one or more of its staff, you have every right to discuss your options with a qualified attorney. Having an experienced daycare injury attorney review your case is the best way to determine how to proceed.
If you are looking for a licensed daycare provider in Nevada, please visit the State’s Child Care Program Database. But remember, a license is not a guarantee of safety for your child. No matter what type of daycare your child has been injured in, we are here to find the responsible party and hold them to full account for all of the damages your child has suffered.
What if I Signed an Accident Liability Waiver?
You may still be entitled to file a lawsuit against a daycare provider in Nevada if you’ve signed a liability waiver. It’s important to understand that waivers are designed to protect providers from certain types of lawsuits, but they cannot act as a shield against liability following gross negligence, willful misconduct, illegal actions, or other breaches of duty.
If your child has been injured at a daycare facility, call us for a FREE case evaluation where we can review your claim, discuss potential obstacles, and help you determine the best way to move forward.
Are Liability Claims Involving Children in Nevada Different Than Those Involving Adults?
In Nevada, there are some primary differences between liability claims involving children and those involving adults. These include:
- A Minor Cannot File a Lawsuit. An adult will need to file on behalf of the child.
- All Settlements Require Court Approval. A judge will need to approve all settlements, even those that occur out-of-court.
- Settlements Are Protected for the Child. A Blocked Trust Account must be opened for the deposit of the settlement.
- A Minor Cannot Sign for a Settlement. A Minor’s Compromise, which allows a parent to sign for a settlement on behalf of the child, must be approved by the court.
A blocked trust account protects a child’s settlement until they reach the age of 18. Parents can petition the court for early release of funds for things like medical expenses, home modifications, and other issues necessary for care, but the funds will largely be reserved for the benefit of the child after their 18th birthday. (See NRS: Chapter 41)
What Is the Statute of Limitations for a Daycare Injury Claim in Nevada?
In Nevada, you have two years from the date of an accident to file a personal injury claim. This is slightly different for minors, who may be entitled to file a lawsuit in the two years following their 18th birthday, no matter when the accident took place.
While you have two years–and sometimes more–to file a daycare injury claim in Nevada, it is generally best to take action as quickly as possible after an accident occurs. This helps to preserve evidence and ensure your child’s rights are protected.
We are ready to get to work on your case immediately. If your child has suffered an injury at daycare, reach out today.
What Is My Child’s Daycare Injury Claim Worth?
Each daycare injury claim is unique. Factors that will influence the worth of a claim include the severity of the injury and its long-term consequences, such as its impact on the health, happiness, and future potential of the child. All of these things must be considered when determining what a daycare injury is worth.
Commonly, the two types of damages sought in Nevada daycare injury claims are:
- Special Damages. Also known as economic damages, these include medical expenses, rehabilitation, therapy, psychological services, home modifications, and any additional costs associated with the injury. In cases involving catastrophic injury, special damages may be significant.
- General Damages. Also known as non-economic damages, these involve the physiological and psychological struggles caused by an injury. They may include loss of ability, loss of enjoyment, and general pain and suffering.
There are no caps on general or special damages in Nevada.
If your child’s injury is the result of violence, wanton neglect, or another type of unforgivable behavior, punitive damages may be sought in a daycare injury claim as well. These damages seek specifically to punish bad behavior but, unlike general and special damages, cannot exceed specific amounts in the state of Nevada.
Led by experienced trial attorney Jack F. DeGree, the daycare injury lawyers at our Las Vegas office can review your case for FREE to help you determine what your child’s injury may be worth.
Our Las Vegas Daycare Injury Lawyers Fight for the Vulnerable
Children rely on adults to create a safe, welcoming, and nurturing environment. When adults fail in this, particularly those charged with the physical and emotional care of children, consequences must follow. At Burg Simpson, our daycare injury lawyers are here to hold negligent adults accountable and seek the total compensation injured children are due.
Good Lawyers. Changing Lives.®
If your child has been injured while at daycare, please contact Burg Simpson online or call us at 702-668-2070 to schedule a FREE and confidential case evaluation with one of our experienced Las Vegas daycare injury lawyers right away. We support and fight for families living in Henderson, Reno, and throughout Nevada.