You know that gut-wrenching feeling, right? That little knot in your stomach when you drop your child off at daycare and can’t help but wonder, “Are they really safe here?” Believe me, I get it. As parents, we desperately want to trust that these places are doing absolutely everything they can to keep our little ones protected. But here’s the honest truth: not all childcare centers are built the same when it comes to safety, and sadly, accidents happen more often than any of us would like to admit.
If you’re going through a situation where your child got hurt at a Denver daycare or childcare facility, you’re probably feeling completely overwhelmed, angry, and maybe a little bit lost about what to do next. That’s totally normal. So, let’s just talk it through. We’ll cover what you need to know about daycare liability, your rights as a parent, and how to protect your family as you move forward.
What Daycare Liability in Colorado Really Means
When we talk about “daycare liability,” we’re really just figuring out who’s responsible when something goes wrong. It’s not just about pointing fingers, though that can feel pretty natural when your child is hurting. It’s about making sure your child gets all the care they need and, just as important, making sure these kinds of incidents don’t happen to other families.
How Daycares Become Legally Responsible
Colorado law holds childcare facilities to some pretty high standards, and honestly, that’s exactly how it should be. When you trust your child to a daycare, they’re taking on what’s called a “duty of care.” This isn’t just fancy legal talk; it means they have a real, solid obligation to keep your child safe.
Think of it this way: if you’re watching your neighbor’s kid for an afternoon, you’d do everything you possibly could to keep them safe, right? Daycares have that same kind of responsibility, but theirs is backed up by professional guidelines and legal rules.
The trickier part is proving when they haven’t met that duty. Sometimes it’s super obvious – like if there’s a broken piece of playground equipment everyone knew about but nobody bothered to fix. Other times, it’s more subtle, like not having enough grown-ups watching the kids, which then leads to a child getting hurt.
Kinds of Premises Hazard Cases in Childcare Places
I’ve seen all sorts of situations where daycares just didn’t live up to their safety promises. Here are some of the most common ways kids get hurt due to problems with the property itself:
Slip and Fall Accidents
These happen way more than they should. We’re talking about wet floors that aren’t marked, toys left scattered around, or uneven surfaces that make it easy to trip. Kids are naturally a bit clumsy – they’re still figuring out how their bodies work – so daycare environments have to be designed with that in mind.
Playground Injuries
Playgrounds can turn into danger zones if they’re not kept up properly. I mean rusty equipment, hard surfaces under swings instead of soft ones, or stuff that’s just not right for the age of the kids using it. Colorado has specific rules about playground safety, and when places ignore them, kids get hurt.
Not Enough Supervision
This one really gets me fired up. When there aren’t enough staff members watching the children, or when the staff isn’t trained well, accidents become almost guaranteed. Kids need constant eyes on them, especially the little ones.
Unsafe Building Conditions
Old buildings, poor upkeep, exposed electrical outlets, furniture that isn’t bolted down and could tip over – these are all hazards on the property that can seriously injure children. Daycares have to keep their facilities in good shape.
Security Problems
This covers everything from doors that don’t lock right to letting people who shouldn’t be there into the building. When security fails, children can get hurt or, in the worst cases, even abducted.
Common Premises Hazards I See in Denver Childcare Facilities
Let me paint a picture of what I see far too often in daycares around Denver. These aren’t rare flukes; they’re everyday dangers that many facilities either ignore or just don’t deal with properly.
Indoor Safety Hazards
Slippery Floors and Bad Flooring
You’d be surprised how many daycares don’t really handle wet floors well. Kids spill stuff, they track in snow and rain (especially here in Denver!), and bathrooms just get wet. When facilities don’t have good rules for cleaning up spills right away or don’t use the right kind of flooring, kids slip and fall.
I’ve seen cases where kids suffered serious head injuries from slipping on floors that should’ve been cleaned up hours earlier. It’s totally preventable, but it takes staff being on the ball and facilities having proper procedures.
Electrical Hazards
Exposed outlets, frayed cords, too many things plugged into one spot – these are all big dangers in childcare places. Kids are curious, and they’ll stick things in outlets or pull on cords. Facilities need outlet covers, smart cord management, and regular electrical checks.
Furniture and Equipment Dangers
Heavy furniture that isn’t bolted to walls, sharp corners without padding, broken toys with tiny pieces – these all put kids at risk. I’ve handled cases where children were seriously injured by furniture that tipped over because it wasn’t secured properly.
Chemical Storage Issues
Cleaning supplies, art stuff, even hand sanitizer can be dangerous if they’re not stored correctly. Kids will get into anything they can reach, so proper storage and childproofing are absolutely, totally necessary.
Poor Lighting and Visibility
Dark hallways, burned-out light bulbs, places where staff can’t see clearly – these create conditions where accidents are more likely to happen and where staff can’t properly watch the children.
Outdoor Safety Concerns
Playground Equipment Problems
This is a huge one. I’ve seen playground equipment with rust, loose bolts, broken parts, and stuff that wasn’t put together right. The fall surfaces are often not good enough too – instead of proper rubber mats or a deep layer of wood chips, you might just find hard dirt or concrete.
Colorado weather is tough on playground equipment. The freezing and thawing, the intense sun from our high altitude, and big temperature swings can make equipment fall apart fast if it’s not taken care of.
Fencing and Security Issues
Fences that aren’t good enough let children wander off or let people who shouldn’t be there onto the property. I’ve seen cases where children were able to leave the playground because of gaps in fences or gates that didn’t latch correctly.
Weather-Related Hazards
Denver weather can change in a flash, and outdoor areas need to be set up and maintained with that in mind. Clearing ice and snow, and having protection from bad weather are all important things to think about.
Landscaping Hazards
Poisonous plants, thorny bushes, uneven ground, puddles of standing water – these can all be risky for children. The plants and layout around childcare facilities need to be chosen and maintained with child safety as the absolute top priority.
Safety for Different Ages
Infant and Toddler Hazards
The littlest ones face unique risks. They’re down on the floor, they put everything in their mouths, and they can’t tell you when something’s wrong. Facilities need to be extra careful about small objects that could cause choking, low-level dangers, and making sure infant areas are separate from older kids’ spaces.
Preschooler Safety Needs
Preschoolers are more mobile but still don’t have great judgment about safety. They climb on things, they don’t get consequences, and they need constant watching. Equipment and environments need to be right for their age.
School-Age Considerations
Older kids in before and after-school programs face different risks. They’re more capable physically but might take more chances. They also might be in groups with kids of different ages, which makes watching them even harder.
Legal Standards for Denver Childcare Facilities
Colorado doesn’t mess around when it comes to childcare rules, and that’s a good thing. The state has put in place detailed standards that facilities must follow. But here’s the catch – not all facilities follow them properly, and sometimes, making sure they do follow them can be hit or miss.
State Licensing Requirements
Basic Licensing Standards
Every childcare facility in Colorado has to be licensed unless they’re caring for just a few children or meet specific exceptions. The licensing process covers everything from background checks for staff to what the building itself needs to have.
The Colorado Department of Human Services handles licensing and has really detailed rules about how many staff members need to be with how many kids, training requirements, health and safety rules, and facility needs. These aren’t suggestions – they’re the law.
Regular Inspections and Checking Up
Licensed facilities are supposed to be inspected regularly. But this is where things can get tricky. Inspections might not catch everything, or facilities might fix problems just for the inspection and then let them slide afterward.
I’ve seen cases where facilities had problems noted in inspections but kept operating without actually fixing things. When children get hurt because of these ongoing problems, the facility’s responsibility becomes pretty clear.
Paperwork Requirements
Facilities have to keep lots of records about incidents, staff training, maintenance work, and more. When they don’t keep good records, it often points to bigger problems with their safety plans.
Federal Safety Standards
Americans with Disabilities Act (ADA) Rules
Childcare facilities have to be welcoming to children with disabilities, which means physical access as well as making sure programs are accessible. When facilities don’t follow ADA rules, it can create safety problems for all children.
Consumer Product Safety Commission (CPSC) Guidelines
The CPSC has specific guidelines for playground equipment, toys, and other things used in childcare settings. Facilities are expected to follow these guidelines and pull dangerous products if they’re recalled.
Occupational Safety and Health Administration (OSHA) Standards
While OSHA mainly focuses on worker safety, many of their rules also protect children in childcare settings. This includes rules for handling dangerous materials, emergency plans, and keeping the facility well-maintained.
Local Denver Rules
Building Codes and Zoning
Denver has its own building codes that apply to childcare facilities. These cover everything from fire safety to how the building should be put together. Facilities have to follow these codes and keep their certificates that say the building is safe to use.
Fire Safety Requirements
Fire safety is super important in childcare places because young children can’t get out quickly on their own. Denver requires specific fire safety things like proper exits, fire suppression systems, and regular fire drills.
Health Department Regulations
The Denver Department of Public Health has even more rules for childcare facilities, especially about food, cleanliness, and stopping the spread of sickness.
Types of Injuries Kids Get in Daycare
Let me be real with you – when I say children get injured at daycare, I’m not just talking about minor bumps and scrapes. While those happen too, we’re often dealing with serious injuries that can have really long-lasting effects on a child’s life.
Physical Injuries
Head and Brain Injuries
These are some of the most serious injuries I see in daycare cases. Kids fall and hit their heads on hard surfaces, furniture tips over on them, or they’re involved in playground accidents. Brain injuries in young children can impact their growth and development for years.
What makes these cases especially heartbreaking is that so many of these injuries are completely avoidable. Proper playground surfaces, furniture that’s bolted down, and enough supervision can prevent most head injuries.
Broken Bones and Fractures
Children’s bones are still growing, which makes them both flexible and, in some ways, more delicate. I’ve seen cases involving broken arms from playground falls, fractured legs from tripping over things, and even more serious breaks from furniture or equipment failing.
Treating broken bones in young children often needs special pediatric bone doctors, which can be expensive and super stressful for families.
Cuts and Scrapes
Sharp edges on furniture, broken glass, damaged toys, and generally poorly kept facilities can all lead to serious cuts. While some cuts are minor, others need stitches, surgery, or leave permanent marks.
Burns and Scalds
Hot surfaces, scalding water, chemical burns from cleaning supplies stored in the wrong place, and even burns from playground equipment that’s been sitting in the sun – these all happen more often than they should in childcare settings.
Choking and Breathing Injuries
Small toys, food pieces, or other objects can cause choking, especially in younger children. Facilities need to be extremely careful about giving kids things that are right for their age and must have staff trained in how to handle emergencies.
Emotional and Psychological Upset
Anxiety and Fear
When children get hurt at daycare, it often creates lasting anxiety about being away from their parents. Some kids develop separation anxiety or become afraid of things they used to love doing.
Behavioral Changes
Parents often notice changes in their child’s behavior after a daycare incident. This might include going back to old habits like wetting the bed, trouble sleeping, or becoming more aggressive or withdrawn.
Trust Issues
Children who are hurt because they weren’t watched enough or cared for properly might develop trust issues with caregivers. This can affect their ability to form healthy relationships with teachers and other grown-ups later on.
Long-term Impact on Development
Delays in Physical Development
Serious injuries can affect a child’s physical growth, especially if they limit the child’s movement or need a long time to heal. Physical therapy and occupational therapy might be needed.
Worries about Learning
Head injuries, in particular, can affect how a child thinks and learns. Children might have trouble learning, memory problems, or other thinking challenges that don’t show up until they’re older.
Social and Emotional Growth
Trauma from daycare injuries can affect how children interact with other kids and handle social situations. Some children become overly cautious, while others might become more aggressive.
Proving Negligence in Daycare Cases
Here’s where things get a bit more legally detailed, but I’ll break it down so it makes sense. To hold a daycare responsible for your child’s injury, we need to prove what’s called “negligence.” It’s not enough to just show that your child got hurt – we need to prove that the daycare didn’t do their job to keep your child safe.
The Four Key Parts of Negligence
Duty of Care
This is usually the easiest part to show in daycare cases. When a facility accepts your child into their program, they automatically take on a legal duty to provide reasonable care and supervision. This duty is higher than what we’d expect from, say, a teenage babysitter, because daycares are licensed professionals.
This duty of care means providing a safe environment, enough supervision, keeping equipment in good shape, and following all the safety rules and standards.
Breach of Duty
This is where we show that the daycare failed to meet their responsibilities. Maybe they didn’t fix a known danger, didn’t watch the kids enough, or didn’t follow their own safety rules.
Proving this often needs experts who can explain what reasonable daycare standards should be. We might bring in childcare safety experts, former daycare directors, or other professionals who can explain how the facility messed up.
Causation
We need to prove that the daycare’s failure actually caused your child’s injury. This means showing both that their mistake directly led to the injury and that the injury was something that could reasonably be expected to happen because of that mistake.
Sometimes causation is super obvious – if a child falls through a broken railing, the connection is clear. Other times, it’s more complicated, especially if several things might have played a role in the injury.
Damages
Finally, we need to show that your child suffered actual losses or harm because of the injury. This includes medical bills, pain and suffering, and possibly future costs related to the injury.
In cases with young children, figuring out these “damages” can be especially tricky because we’re often dealing with injuries that might affect the child for many years to come.
Common Excuses Daycares Use
“Kids Will Be Kids”
This is probably the most frustrating excuse I hear. Yes, children are naturally active and sometimes clumsy, but that doesn’t let facilities off the hook for keeping their environments safe. The fact that children are prone to accidents is exactly why daycares need to be extra careful about safety.
“You Knew the Risk”
Some facilities try to say that parents accept the risk of injury when they enroll their children. While there’s a tiny bit of truth to the idea that childcare has some natural risks, this doesn’t excuse carelessness or unsafe conditions.
“It Was the Child’s Fault Too”
Colorado has a system where if the injured child contributed to their own injury, it might reduce the daycare’s responsibility. However, this excuse is limited when dealing with young children who can’t be expected to understand dangers the way adults can.
“We Followed All the Rules”
Facilities sometimes argue that they followed all the rules, so they shouldn’t be responsible. But following the rules is just the bare minimum – it doesn’t always mean the facility was reasonably careful in that specific situation.
Gathering Evidence
Incident Reports and Paperwork
The facility’s own records are often the best proof in these cases. Incident reports, maintenance logs, staff schedules, and training records can all give important clues about what happened and whether the facility was following proper procedures.
Unfortunately, some facilities aren’t very thorough with their paperwork, or they might even try to make incidents sound less serious in their reports. That’s why it’s so important to get copies of all relevant documents as soon as possible after something happens.
Witness Statements
Other staff members, parents, or even older children might have seen what happened or can tell you about ongoing safety problems at the facility. Getting these statements quickly is important because memories fade, and people sometimes don’t want to get involved as time goes on.
Expert Analysis
Childcare safety experts, doctors, and other specialists can give valuable opinions about industry standards, what caused the injuries, and how they’ll affect your child in the long run.
Physical Evidence
Photos of the accident spot, the equipment involved, and your child’s injuries are all super important. If you can, try to get this evidence before the facility has a chance to fix things or make changes.
What to Do When Your Child Gets Hurt: The Investigation Process
When your child is injured at daycare, your first priority is obviously getting them the medical help they need. But once you’ve taken care of the immediate medical stuff, it’s really important to start writing everything down and gathering information about what happened.
Right After an Injury: Immediate Steps
Write Down Everything
Start keeping detailed notes of everything related to the injury. This means medical treatments, talks with daycare staff, your child’s symptoms and any behavior changes, and any money you spend.
Take photos of any visible injuries, and if you can, get photos of the area where the accident happened. Sometimes facilities fix things quickly after an incident, so getting photos before changes are made can be a big deal.
Get Medical Help
Even if the injury seems small, it’s a good idea to have your child checked out by a doctor. Some injuries, especially head injuries, might not show symptoms right away. Having medical paperwork also creates an official record of the injury and how bad it was.
Report What Happened
Make sure the daycare gives you a written incident report, and don’t just accept a verbal explanation. If their first report seems incomplete or wrong, ask questions and ask for more details.
You should also think about reporting serious incidents to the state licensing agency. They keep records of complaints and incidents, and your report might show a pattern of problems at that facility.
Working with Official Agencies
State Licensing Investigations
The Colorado Department of Human Services looks into complaints about licensed childcare facilities. While their main goal is to make sure facilities keep following rules rather than figuring out who’s legally responsible, their investigation reports can give valuable information for a legal case.
Keep in mind that licensing investigations can take time, and the agency’s rules for finding violations might be different from the rules for proving negligence in a civil case.
Police Reports
For really serious injuries or incidents that might involve something criminal, you might want to file a police report. While most daycare injuries are civil matters (meaning money compensation) rather than criminal ones, having an official police report can sometimes be helpful.
Child Protective Services
In cases where abuse or severe neglect is suspected, Child Protective Services might get involved. Their investigation focuses on the child’s well-being rather than legal responsibility, but their findings can be relevant to a civil case.
Professional Investigation Services
Legal Investigation
If you’re working with an attorney, they’ll usually do their own investigation of the incident. This might involve talking to witnesses, looking at facility records, getting advice from experts, and checking out the physical evidence.
Legal investigators have tools and resources that individual families don’t, and they know what to look for when building a case.
Expert Opinions
Depending on the type of injury and what happened, different experts might need to look at different parts of the case. This could include:
- Childcare safety experts who can say whether the facility met industry standards
- Doctors who can explain the injury and its long-term effects
- Engineers who can analyze equipment failures or building problems
- Child development experts who can assess how the injury affected your child’s growth
Checking the Facility’s Background
A good investigation should include looking into the facility’s past, including previous incidents, licensing violations, how often staff leave, and other things that might point to ongoing problems.
Insurance Coverage for Daycare Injuries
Here’s something that might surprise you – not all daycare facilities have enough insurance coverage, and even when they do, getting insurance companies to pay fair compensation can be a real fight.
Different Kinds of Insurance
General Liability Insurance
Most licensed daycare facilities are required to have general liability insurance, which is supposed to cover injuries that happen on their property. But the amount of coverage can be wildly different between facilities.
Some places only have the minimum required coverage, which might not be enough for serious injuries. Others might have more solid policies that offer better protection for injured children and their families.
Professional Liability Insurance
This type of coverage is made specifically for childcare providers and usually covers incidents related to watching kids, caring for them, and professional duties. It might offer broader coverage than general liability insurance for certain types of incidents.
Property Insurance
While this mainly covers damage to the building itself, it might also be important if injuries were caused by property-related dangers like building problems or maintenance issues.
Umbrella Policies
Some facilities have extra umbrella insurance policies that provide even more coverage beyond their main liability policies. These can be really important in cases involving serious injuries with high costs.
Common Insurance Headaches
Fighting Over Coverage
Insurance companies often try to deny claims or argue that incidents aren’t covered by the policy. They might claim that the injury was caused by an “intentional act” (even if it was actually carelessness), or they might say the incident falls under something the policy doesn’t cover.
Not Enough Coverage
Even when insurance companies agree they’re responsible, the policy limits might not be enough to fully pay for serious injuries. This is especially a problem in cases that need long-term medical care or if there are permanent disabilities.
Lots of Policies Involved
Sometimes multiple insurance policies might apply to one incident. For example, if the injury was caused by faulty equipment, both the daycare’s insurance and the equipment manufacturer’s insurance might be involved. Juggling multiple insurers can make the claims process much more complicated.
Bad Faith Practices
Unfortunately, some insurance companies act in “bad faith” – like unreasonably delaying investigations, refusing to offer fair settlements for clear cases, or not properly looking into claims.
If you’re dealing with insurance bad faith, that’s something the experienced attorneys at McCormick & Murphy, P.C. handle all the time. You can learn more about how they approach insurance bad faith cases and help clients get what they deserve.
Dealing with Insurance Companies
Reporting the Claim First
How and when a claim is reported to the insurance company can affect how it’s handled. Facilities are usually supposed to report incidents quickly, but they don’t always do so, especially if they’re hoping the injury will turn out to be minor.
If you think an incident hasn’t been reported correctly, or if the facility’s story doesn’t match what really happened, it’s important to contact the insurance company yourself and give them your side.
First Call from the Insurance Company
The insurance company will probably call you within a few days of the incident being reported. They’ll want to hear your story, and they might ask for medical records, photos, or other paperwork.
Be careful during this first call. The adjuster might seem friendly and helpful, but remember that they work for the insurance company, not for you. What you say during this conversation can be used later to make your claim seem less important or even deny it.
Settlement Talks
Insurance companies often make quick, low-ball settlement offers, especially if they think you don’t really understand how bad your child’s injuries are or what your legal rights are. These first offers are almost never enough to cover the full cost of serious injuries.
Don’t feel pressured to accept the first offer. You have time to fully understand your child’s injuries and think about the long-term impact before deciding anything about a settlement.
Medical Paperwork and Expert Opinions
When your child is injured at daycare, getting the right medical paperwork is absolutely key – not just for their treatment, but also for any legal case you might need to pursue.
Why Immediate Medical Care is So Important
Emergency Treatment
If your child needs emergency medical care, don’t hesitate to call 911 or go to the emergency room. Some parents worry about overreacting, but it’s always better to be safe than sorry when it comes to kids’ injuries.
Emergency room visits create important medical documentation that shows how serious the injury was and why immediate treatment was needed. This paperwork can be really valuable proof in a legal case.
Follow-up Care
Even if the first injury seems small, make sure to follow up with your child’s pediatrician. Some injuries, especially head injuries, can have delayed symptoms that don’t show up right away.
Keep all appointments with specialists, physical therapists, or other healthcare providers. Consistent medical care shows you’re taking the injury seriously and helps document your child’s healing process.
Writing Down Symptoms and Progress
Keep a detailed record of your child’s symptoms, how much pain they’re in, any limitations, and how they’re progressing. Include notes about how the injury affects their daily activities, sleep, behavior, and growth.
This kind of detailed record-keeping can be especially important for young children who can’t clearly tell you about their pain or symptoms.
Kinds of Medical Proof
Medical Records
All medical records related to the injury are important proof. This includes emergency room records, doctor’s notes, test results, treatment plans, and therapy records.
Make sure to get copies of all medical records and keep them organized. You’ll likely need to give these records to insurance companies, attorneys, and expert witnesses.
Diagnostic Tests
X-rays, MRIs, CT scans, and other tests give objective proof of injuries. These tests are especially important for injuries that might not be visible from the outside, like internal injuries or brain injuries.
Photos
Photos of visible injuries can be powerful proof, especially since injuries change as they heal. Take photos regularly to show how the healing is going and any lasting effects.
Medical Expert Opinions
Doctors who are experts can give opinions about what caused the injuries, whether the treatment was right, what the long-term outlook is, and the costs of future medical care.
In cases with serious injuries, you might need experts in several medical fields to fully explain how the injury will affect your child’s life.
Long-term Medical Things to Think About
Growth and Development
Injuries in young children can affect their growth and development in ways that might not show up for years. This is especially true for head injuries, but it can also apply to bone injuries that affect movement or physical growth.
Doctors who are experts might need to give opinions about how the injury could affect your child’s future development and what extra treatment might be needed as they grow.
Impact on School
Some injuries can affect a child’s ability to learn and do well in school. This might need evaluations by education specialists or brain function experts who can assess thinking and learning abilities.
Psychological and Emotional Effects
The emotional impact of daycare injuries can be big, especially if the child develops anxiety, sadness, or behavior problems because of what happened.
Child psychologists or psychiatrists might need to evaluate your child and suggest treatment. This kind of care can be expensive and might be needed for years.
Money and Compensation in Daycare Cases
When we talk about “damages” in daycare injury cases, we’re really talking about trying to make your child and your family whole again – or as close to whole as possible. The law understands that money can’t undo an injury, but it can help make sure your child gets the care they need and that your family isn’t financially ruined by someone else’s carelessness.
Money-Related Damages
Medical Bills
This includes all the medical costs related to your child’s injury – emergency room visits, doctor appointments, medicines, medical equipment, and any other healthcare expenses.
But here’s what many parents don’t realize: you can also get money for the costs of future medical care that your child will need because of the injury. For serious injuries, these future costs can be huge and might include ongoing therapy, more surgeries, or special medical equipment.
Lost Wages and Income
When your child is seriously injured, you might need to take time off work to care for them, go to medical appointments, or deal with the legal stuff. You can get money back for this lost income.
If one parent needs to quit their job or work fewer hours to provide ongoing care for an injured child, that lost earning potential can also be compensated.
Special Education and Therapy Costs
If your child needs special education services, tutoring, or developmental therapy because of their injury, these costs can be included in your damages. This might include physical therapy, occupational therapy, speech therapy, or counseling.
Travel and Other Expenses
The costs of driving to medical appointments, parking fees, and other money you spend out of your pocket because of the injury can all be recovered.
Non-Money-Related Damages
Pain and Suffering
This gives your child money for the physical pain and emotional distress caused by the injury. While it’s tough to put a dollar amount on pain and suffering, Colorado law recognizes that these harms are real and important.
For young children who can’t clearly say how much pain they’re in, medical records, what parents observe, and expert testimony become extra important for showing pain and suffering.
Emotional Distress
Beyond physical pain, injuries can cause anxiety, sadness, fear, and other emotional problems. Children might develop separation anxiety, nightmares, or behavior problems because of their injury.
Loss of Enjoyment of Life
If your child can no longer do things they used to love because of their injury, they can get money for this loss. This might include sports, playing at the park, or other childhood experiences.
Disfigurement and Scarring
Permanent scars or disfigurement can have long-lasting effects on a child’s self-esteem and how they get along with others. The law recognizes these impacts and provides money for them.
Things That Affect How Much Compensation You Get
How Bad the Injury Is
More serious injuries generally mean more compensation, both because the actual costs are higher and because the impact on the child’s life is bigger.
Age of the Child
Injuries to very young children can be especially devastating because they have their whole lives ahead of them. The long-term impact of an injury on a toddler might be much greater than the same injury to an older child or adult.
How Careless the Daycare Was
If the daycare’s actions were really bad – like ignoring known dangers or not following basic safety rules – it might affect the amount of money awarded.
Insurance Coverage
Unfortunately, the amount of available insurance coverage sometimes limits the money that can be recovered, even in cases with really bad carelessness and terrible injuries.
Special Stuff for Children’s Cases
Future Damages
Calculating future damages for children is especially tricky because we’re dealing with so many unknowns. How will the injury affect their development? What will their future medical needs be? How might the injury impact their ability to earn money as adults?
These calculations often need opinions from doctors, financial experts, and other specialists who can help guess future costs and impacts.
Structured Settlements
In some cases, especially those with large amounts of money, the settlement might be set up to pay out over time rather than a single lump sum. This can help make sure funds are available for the child’s long-term needs and can offer tax benefits.
Guardianship and Trust Issues
When children receive a lot of money, there are legal rules about how the money is managed and spent. Courts usually require settlement funds to be put into special accounts or trusts to protect the child’s interests.
Picking the Right Attorney for Your Case
Look, I’m going to be straight with you – not all personal injury attorneys are ready to handle daycare liability cases. These cases need specific know-how about childcare rules, child development, and the unique challenges of representing injured children.
What to Look for in a Daycare Injury Attorney
Experience with Childcare Cases
You want an attorney who has actually handled daycare and childcare facility cases before. The rules, expert witnesses, and legal strategies in these cases are different from other types of personal injury cases.
Ask potential attorneys about their specific experience with daycare cases. How many have they handled? What happened in those cases? Can they give you references from other families they’ve helped?
Understanding Child Development
Injuries to children aren’t just smaller versions of adult injuries. Children’s bodies and minds are still growing, which affects both how they get hurt and how they recover. Your attorney needs to understand these differences and work with doctors who specialize in treating kids.
Connections for Expert Witnesses
Daycare liability cases often need several expert witnesses – doctors, childcare safety experts, economists to figure out future costs, and others. Make sure your attorney has relationships with qualified experts and the money to hire them when needed.
Trial Experience
While many cases settle out of court, you want an attorney who’s ready to take your case to trial if necessary. Insurance companies are more likely to offer fair settlements when they know the attorney is prepared and capable of winning in court.
The attorneys at McCormick & Murphy, P.C. have been handling personal injury cases in Colorado since 1990, with over 60 years of combined experience. They get the complexities of premises liability cases and have the resources to fully investigate and pursue daycare injury claims.
Questions to Ask Potential Attorneys
About Their Experience
- How many daycare liability cases have you handled?
- What were the results of those cases?
- Do you have experience with cases involving children my child’s age?
- Have you handled cases involving similar kinds of injuries?
About Their Approach
- How will you investigate my case?
- What experts do you usually work with in these cases?
- How do you keep clients updated throughout the process?
- What do you think of my case based on what I’ve told you?
About Costs and Fees
- Do you work on a contingency fee basis? (This means they only get paid if you win.)
- What percentage do you charge?
- Who pays for case expenses like expert witness fees?
- What happens if we don’t win the case?
Most good personal injury attorneys, including McCormick & Murphy, P.C., handle daycare liability cases on a contingency fee basis. This means you don’t pay attorney fees unless they get money for your family.
Things to Watch Out For
Attorneys Who Promise Specific Results
No honest attorney can guarantee a specific outcome in your case. The law and the facts are complex, and results depend on many things that can’t be predicted for sure.
High-Pressure Sales Tactics
Be cautious of attorneys who pressure you to sign right away or who seem more interested in getting your signature than understanding your case.
Not Enough Specific Experience
An attorney who mainly handles car accidents or other types of cases might not be the best choice for a daycare liability case. These cases have unique aspects that need specific knowledge and experience.
Bad Communication
If an attorney is hard to reach during your first chat or doesn’t call you back quickly, that’s probably how it’ll be throughout your case.
Prevention: What Parents Should Look For
I wish I didn’t have to write this section, but the reality is that the best way to protect your child is to choose a safe daycare facility in the first place. Here’s what you should be looking for when you’re checking out potential childcare providers.
Red Flags During Daycare Tours
Poor Upkeep and Cleanliness
Trust your gut here. If a facility looks run-down, has clear maintenance problems, or doesn’t seem clean, that’s a warning sign. Daycare facilities should be well-maintained and sparkling clean.
Look for things like:
- Broken or damaged equipment
- Peeling paint or damaged walls
- Dirty floors or surfaces
- Cluttered or messy spaces
- Strong smells that might mean poor cleaning
Not Enough Supervision
During your tour, pay attention to how many staff members are watching the kids. Are there enough adults? Do the staff seem engaged and paying attention, or are they distracted by their phones or other things?
Colorado has specific rules for how many staff members should be with how many kids, and it changes by age group. Make sure the facility is meeting these rules and that staff members seem capable of watching the kids properly.
Unsafe Physical Conditions
Look for obvious safety dangers like:
- Exposed electrical outlets without safety covers
- Sharp corners on furniture without padding
- Loose or damaged flooring
- Not enough light
- Blocked exits or fire safety equipment
- Cleaning supplies or other dangerous materials stored incorrectly
Bad Security
The facility should have controlled entry with locked doors and a system for knowing who comes in and out. Staff should know where every child is at all times, and there should be clear rules for picking up and dropping off kids.
Questions to Ask During Your Visit
About Safety Rules
- What are your safety policies and procedures?
- How do you handle emergencies?
- What’s your policy for reporting and writing down incidents?
- How often do you do safety checks?
- What training do staff members get in safety and emergency procedures?
About Supervision
- What are your staff-to-child ratios for different age groups?
- How do you make sure there’s enough supervision during different activities?
- What’s your policy for bathroom supervision and diaper changing?
- How do you handle nap time supervision?
About Staff
- What are your hiring requirements and background check procedures?
- What training do staff members get?
- How often do staff leave?
- How do you handle staff absences to make sure there’s enough supervision?
About Maintenance and Inspections
- How often do you check playground equipment and other facilities?
- Who does maintenance and repairs?
- How quickly do you deal with safety concerns?
- Can I see your recent inspection reports?
Paperwork to Ask For
Licensing Information
Ask to see the facility’s current license and any recent inspection reports. Licensed facilities have to show their license prominently, and they should be happy to share inspection reports with parents who are considering them.
Insurance Information
While facilities might not share exact policy details, they should be able to confirm that they have enough liability insurance.
Safety Rules
Ask for copies of the facility’s safety policies and procedures. A good facility should have detailed written rules covering everything from playground safety to emergency plans.
Staff Information
Ask about staff qualifications, training requirements, and how often staff leave. A lot of staff turnover can be a red flag that there are problems with management or working conditions.
Keeping an Eye on Things
Regular Chats
Stay in regular touch with your child’s caregivers. Ask about their day, any incidents or worries, and how your child is getting along with other kids and staff.
Surprise Visits
Think about making occasional unannounced visits to see how the facility operates when they’re not expecting parents. While you should respect their rules about visits, you have the right to check on your child’s well-being.
Listen to Your Child
Pay attention to what your child tells you about their day and any worries they express. Young children might not be able to clearly explain problems, but changes in behavior, not wanting to go to daycare, or mentioning being scared or hurt should be taken seriously.
Stay Informed About Rules
Keep up with changes in Colorado’s childcare rules and licensing requirements. The Colorado Department of Human Services website has information about current rules and lets you check the status of licensed facilities.
Dealing with Insurance Companies
Here’s something that might frustrate you: even when it’s clear that a daycare facility was careless and your child got hurt because of it, getting fair compensation from insurance companies can still be a battle. Insurance companies are businesses, and their goal is to pay out as little as possible, not to make sure your family is fairly compensated.
First Contact and Reporting the Claim
How Claims Get Reported
Usually, the daycare facility reports the incident to their insurance company, but the timing and accuracy of this reporting can vary. Some facilities report incidents right away, while others might delay or give incomplete information.
If you suspect that an incident hasn’t been properly reported, or if the facility’s story doesn’t match what actually happened, it’s important to contact the insurance company directly and give them your own account.
First Call from the Insurance Company
The insurance company will likely contact you within a few days of the incident being reported. They’ll want to get your statement about what happened, and they might ask for medical records, photos, or other paperwork.
Be careful during this first call. The adjuster might seem friendly and helpful, but remember that they work for the insurance company, not for you. What you say during this conversation can be used later to make your claim seem less important or even deny it.
Common Insurance Company Tricks
Quick Settlement Offers
Insurance companies often make quick, low-ball settlement offers, especially if they think you don’t really understand how bad your child’s injuries are or what your legal rights are. These offers are almost never enough to cover the full cost of serious injuries.
Don’t feel pressured to accept the first offer. You have time to fully understand your child’s injuries and think about the long-term impact before making any decisions about settling.
Asking for Tons of Paperwork
While insurance companies have the right to investigate claims, they sometimes use excessive paperwork requests to delay things or to make claimants give up.
You should cooperate with reasonable requests for information, but don’t feel like you have to give them every single piece of paper they ask for without first understanding why it’s needed.
Fighting Medical Treatment
Insurance companies sometimes argue that medical treatment was unnecessary or too much, even when a qualified doctor recommended it. They might refuse to pay for certain treatments or try to limit how much they’ll pay for medical care.
This is one reason why it’s important to work with doctors who specialize in treating children and who can clearly write down why all treatments are needed.
Delaying Tactics
Insurance companies sometimes use delays to pressure families into accepting lower settlements. They might drag out their investigation, ask for more paperwork again and again, or find other reasons to slow down processing claims.
While some investigation time is reasonable, too many delays might mean the insurance company is acting in “bad faith.”
Protecting Your Rights
Write Down Everything
Keep detailed records of all talks with the insurance company, including phone calls, emails, and letters. Note the date, time, and what was said in each conversation, and ask for written confirmation of important decisions or agreements.
Don’t Give Recorded Statements Without Legal Advice
Insurance companies often ask for recorded statements from claimants, but you’re not required to give one. If you do give a recorded statement, think about talking to an attorney first to understand how your words might be used.
Be Careful About Social Media
Insurance companies often check claimants’ social media accounts looking for information that could be used to minimize claims. Be careful about posting photos or information that could be taken out of context.
Get Medical Care from Good Doctors
Work with doctors who specialize in treating children and who can give thorough paperwork about your child’s injuries and treatment needs. This paperwork will be important for supporting your claim.
When to Bring in an Attorney
Complex or Serious Injuries
If your child has suffered serious injuries, especially those that might have long-term effects, you should think about talking to an attorney before dealing with insurance companies.
Disputed Responsibility
If the insurance company is arguing whether their insured was at fault for the incident, you’ll likely need legal help to prove carelessness and show who’s responsible.
Not Enough Settlement Offers
If the insurance company’s settlement offers don’t seem like enough to cover your child’s medical bills and other losses, an experienced attorney can help evaluate whether the offers are fair and negotiate for better compensation.
Bad Faith Practices
If the insurance company is unreasonably delaying things, denying valid claims without a proper investigation, or otherwise acting in bad faith, you may need legal help to protect your rights.
The attorneys at McCormick & Murphy, P.C. have lots of experience dealing with insurance companies in personal injury cases. They understand the tricks insurance companies use and know how to protect their clients’ rights throughout the claims process.
The Legal Process: What to Expect
If you end up needing to file a lawsuit for your child’s daycare injury, I want you to know what to expect. The legal process can seem totally overwhelming, especially when you’re already dealing with your child’s injury and getting them better. But understanding the steps can help ease some of that worry.
Before a Lawsuit is Filed
Looking at Your Case
Before filing a lawsuit, your attorney will do a thorough check of your case. This includes looking at medical records, talking to witnesses, getting advice from experts, and researching the daycare facility’s history and safety record.
This investigation part is super important because it helps figure out if you have a strong case and what money you might be able to get. It also helps your attorney plan the best way to go after your claim.
Demand Letter
In many cases, your attorney will start by sending a demand letter to the insurance company outlining your claim and asking for money. This letter lays out the facts of the case, explains why the daycare was careless, and documents your child’s injuries and losses.
Sometimes cases can be sorted out at this stage without needing to file a lawsuit. However, if the insurance company doesn’t respond with a reasonable settlement offer, filing a lawsuit might be necessary.
Time Limits (Statute of Limitations)
In Colorado, there are time limits for filing personal injury lawsuits. For most daycare injury cases, you have two years from the date of the injury to file a lawsuit. However, there can be exceptions to this rule, especially in cases involving young children.
Don’t wait until the last minute to talk to an attorney. The earlier you start the process, the more time your attorney has to fully investigate your case and gather proof.
Filing the Lawsuit
The Complaint
If a lawsuit is needed, your attorney will file a document called a “complaint” with the court. This document explains your accusations against the daycare facility and asks for specific money for your child’s injuries.
The complaint must be given to the defendants (usually the daycare facility and possibly individual staff members), and they have a limited time to respond.
First Responses
The defendants will file an “answer” to your complaint, either saying they agree or disagree with your accusations. They might also file motions asking the court to throw out the case or limit what the lawsuit can cover.
This early stage of the lawsuit involves a lot of legal paperwork and technical stuff that your attorney will handle for you.
Getting Information (Discovery Phase)
Gathering Information
During the “discovery phase,” both sides gather information and proof related to the case. This might include:
- Depositions (recorded interviews under oath) of witnesses, facility staff, and experts
- Requests for documents from the daycare facility
- Medical exams of your child
- Visits to inspect the facility
Expert Witnesses
Both sides will usually hire expert witnesses to support their arguments. Your experts might include doctors, childcare safety experts, and economists who can figure out damages. The other side will have their own experts who might disagree with your claims.
Depositions
You and possibly your child (depending on their age) might need to give “depositions” where you answer questions under oath about the incident and how it affected your family. Your attorney will get you ready for this and be there during the deposition.
Settlement Talks
Mediation
Many courts require mediation before cases can go to trial. Mediation is a process where a neutral third party helps both sides try to reach a settlement agreement.
Mediation can be a good way to resolve cases without the cost and uncertainty of a trial, but you’re not required to accept any settlement offer that you don’t think is fair.
Settlement Conferences
Even if mediation doesn’t lead to a settlement, settlement talks often keep going throughout the lawsuit process. Your attorney will keep you updated about any settlement offers and give advice about whether they’re reasonable.
Deciding to Settle
Deciding whether to settle or go to trial involves thinking about many things, including how strong your case is, the amount of the settlement offer, the costs and risks of trial, and your family’s needs and preferences.
Trial Process
Picking a Jury
If your case goes to trial, the first step is picking a jury. Your attorney and the defense attorneys will ask questions of potential jurors to find any biases and pick jurors who can fairly consider the evidence.
Presenting Proof
During the trial, both sides will present proof and witness testimony to support their arguments. Your attorney will present proof showing that the daycare was careless and that this carelessness caused your child’s injuries.
The other side will try to argue they aren’t responsible, make your child’s injuries seem less serious, or say that other things caused the incident.
Verdict and Appeals
After hearing all the proof, the jury will talk it over and reach a “verdict.” If you win, the jury will also decide the amount of money to be awarded.
Either side can appeal the verdict if they believe legal mistakes were made during the trial, which can stretch out the process for more months or even years.
Real-Life Stories: Case Studies and Examples
Let me share some examples of daycare liability cases I’ve seen over the years. I’ve changed the details to protect privacy, but these cases show the kinds of situations where daycares can be held responsible for children’s injuries.
Case Study 1: Playground Equipment Breaking
The Situation
Three-year-old Emma was playing on the daycare’s playground when a swing set suddenly fell apart, trapping her underneath and causing a broken leg and bad bruises. The investigation showed that the swing set had been rusty and looked damaged for months, but the facility had never had it properly checked or fixed.
The Carelessness
The daycare messed up in several ways:
- They didn’t do regular safety checks of their playground equipment.
- They ignored clear signs of things falling apart and damage.
- They didn’t follow the manufacturer’s suggestions for maintenance and replacement.
- They kept letting children use equipment they knew was potentially dangerous.
What Happened Next
The case settled for a significant amount that covered Emma’s medical bills, ongoing physical therapy, and money for her pain and suffering. The daycare also had to upgrade all of their playground equipment and put in place regular safety check procedures.
Lessons Learned
This case shows how important it is for daycare facilities to take playground maintenance seriously. Regular checks by qualified people can prevent these kinds of accidents, and facilities can’t just ignore problems and hope they don’t get worse.
Case Study 2: Not Enough Eyes on the Kids
The Situation
Four-year-old Michael was at a daycare that often only had one staff member watching 15 children during outdoor play, which is way more than Colorado’s required ratios. During one of these understaffed times, Michael climbed on a fence and fell, getting a serious head injury that needed emergency surgery.
The Carelessness
The facility’s failures were clear:
- They consistently didn’t keep the required staff-to-child ratios.
- They didn’t have good rules for making sure there was proper supervision.
- Staff members weren’t properly trained in watching kids on the playground.
- They cared more about saving money than keeping kids safe.
What Happened Next
This case went to trial because the insurance company initially denied that not enough supervision caused the injury. The jury sided with the family and awarded a lot of money, including money for Michael’s ongoing brain therapy and special education needs.
Lessons Learned
Proper supervision isn’t just about having enough staff members there – it’s about having trained staff who know how to effectively watch children in different places and situations.
Case Study 3: Dangerous Environment
The Situation
Two-year-old Sarah got severe burns when she touched a hot water pipe that was exposed in the daycare’s bathroom. The pipe had been exposed for weeks after some maintenance work, but the facility had only put up a small sign that the toddlers couldn’t read.
The Carelessness
The daycare’s failures included:
- Not properly childproofing the facility after maintenance work.
- Not realizing that warning signs don’t work for kids who can’t read.
- Letting children go into an area with known dangers.
- Not having good rules for dealing with temporary safety hazards.
What Happened Next
The case settled quickly once the facility’s insurance company saw the medical records and photos of Sarah’s injuries. The settlement included money for ongoing medical treatment for her burns and plastic surgery to minimize scarring.
Lessons Learned
Childcare facilities need to think about safety from a child’s point of view. What might seem like enough safety for adults can be completely useless for young children.
Case Study 4: Not Following Their Own Safety Rules
The Situation
Five-year-old David was seriously injured when he was hit by a car in the daycare’s parking lot. The investigation showed that the facility had written rules requiring staff to walk children to and from cars, but staff members regularly ignored these rules to save time.
The Carelessness
Even though the facility had good safety rules on paper, they failed to:
- Make sure staff members followed established safety procedures.
- Provide enough training and oversight of staff.
- Take action when staff members broke safety rules.
- Put child safety first over convenience.
What Happened Next
This case was tricky because it involved both the daycare’s carelessness and the carelessness of the driver who hit David. However, the daycare was found partially responsible for not following their own safety rules, and they helped contribute to a significant settlement.
Lessons Learned
Having good safety rules isn’t enough – facilities must make sure that staff members actually follow these rules consistently. Regular training and oversight are essential.
Case Study 5: Faulty Equipment
The Situation
Eighteen-month-old Jessica was injured when a high chair collapsed while she was eating lunch, causing her to fall and suffer a serious head injury. The investigation showed that the high chair had been recalled months earlier due to a defect that caused the locking mechanism to fail, but the daycare had never checked for recalls or removed the dangerous equipment.
The Carelessness
The daycare failed to:
- Check for recall notices for equipment used in their facility.
- Inspect equipment regularly for signs of defects or damage.
- Remove dangerous equipment from service when problems were found.
- Keep up with safety standards and manufacturer recommendations.
What Happened Next
This case involved both the daycare and the high chair’s manufacturer. The daycare’s insurance company settled their part of the claim, and more money was recovered from the manufacturer’s insurance.
Lessons Learned
Daycare facilities need systems for checking product recalls and safety notices. They can’t just buy equipment and assume it will stay safe forever.
Helpful Stuff for Families Who’ve Been Affected
If your child has been injured at a daycare facility, you’re probably feeling overwhelmed and unsure about what help is out there for your family. Let me share some of the most important resources that can offer support during this tough time.
Medical Help
Kid Specialists
Depending on your child’s injury, you might need to work with various pediatric specialists. Denver has fantastic medical facilities that specialize in treating children, including:
- Children’s Hospital Colorado, which has specialists in almost every field for kids.
- National Jewish Health for breathing issues.
- Rocky Mountain Regional VA Medical Center for families with military connections.
When choosing doctors, look for those who specialize in treating children and who have experience with your child’s specific type of injury. Pediatric specialists understand how injuries affect growing children differently than adults.
Mental Health Support
Don’t forget about the emotional impact of daycare injuries. Many children develop anxiety, sadness, or behavior problems after upsetting incidents. Child psychologists and psychiatrists can provide valuable support for both your child and your family.
Look for mental health providers who specialize in helping children with trauma and who have experience working with families dealing with injury-related stress.
Physical and Occupational Therapy
If your child’s injury affects their movement or development, physical and occupational therapy can be super important for their recovery. These services can help your child get back function, learn new skills, and adapt to any permanent limitations.
Educational Help
Special Education Services
If your child’s injury affects their ability to learn or participate in regular classroom activities, they might be eligible for special education services through their school district.
The Individuals with Disabilities Education Act (IDEA) offers protections and services for children with disabilities, including those caused by injuries. Contact your school district’s special education department to discuss your child’s needs.
Tutoring and School Support
Some children need extra help with school while they’re recovering from injuries, especially if they’ve missed a lot of school or if their injuries affect their thinking abilities.
Write down any school challenges your child faces because of their injury, as the costs of tutoring and special education services can be included in your legal claim.
Money Help
Health Insurance
Work closely with your health insurance company to understand what treatments and services are covered. Keep detailed records of all medical expenses, including co-pays, deductibles, and any services that aren’t covered by insurance.
If your insurance company denies coverage for treatments that are clearly related to your child’s injury, don’t give up. Appeal the denial and think about getting help from a patient advocate or attorney.
Medicaid and State Programs
Depending on your family’s income and your child’s needs, you might be able to get Medicaid or other state programs that can help cover medical costs and support services.
Colorado has various programs that help children with disabilities or special needs. Contact the Colorado Department of Health Care Policy and Financing for information about what’s available.
Nonprofit Organizations
Several nonprofit organizations offer support for families dealing with childhood injuries and disabilities. These organizations might offer financial help, support groups, advocacy services, or other resources.
Legal Help
Free Legal Consultations
Many personal injury attorneys, including McCormick & Murphy, P.C., offer free consultations for daycare injury cases. This gives you a chance to understand your legal rights and options without any upfront cost.
During a consultation, you can ask questions about your case, learn about the legal process, and get an idea of whether you have a valid claim.
Contingency Fee Arrangements
Most good personal injury attorneys handle daycare liability cases on a contingency fee basis, which means you don’t pay attorney fees unless they get money for your family. This makes legal help accessible even if you can’t afford to pay attorney fees upfront.
Legal Aid Organizations
If you don’t qualify for contingency fee representation or need help with other legal issues related to your child’s injury, legal aid organizations might be able to help.
The Colorado Legal Services organization provides free legal help to low-income individuals and families in various types of cases.
Support Resources
Support Groups
Connecting with other families who have gone through similar situations can offer emotional support and practical advice. Look for support groups for families of injured children or children with disabilities.
Some hospitals and community organizations sponsor support groups, and there are also online groups where you can connect with other families.
Counseling and Therapy
Don’t underestimate the impact that your child’s injury can have on your whole family. Parents, siblings, and other family members might benefit from counseling to help them cope with the stress and trauma of the situation.
Many therapists specialize in helping families deal with medical trauma and can offer valuable coping strategies.
Case Management Services
For serious injuries that need ongoing care and multiple services, case management services can help coordinate your child’s care and make sure they get all the services they need.
Case managers can help you navigate the healthcare system, coordinate between different providers, and speak up for your child’s needs.
Advocacy and Reporting Help
State Licensing Agencies
If you want to report problems at a daycare facility or check on a facility’s licensing status, contact the Colorado Department of Human Services, Division of Child Care.
They investigate complaints about licensed facilities and can take action when facilities break rules.
Child Advocacy Organizations
Organizations like the Colorado Children’s Campaign work to make things better for children throughout the state. They can provide information about child safety issues and push for policy changes to better protect children.
Better Business Bureau
While the BBB mainly handles business disputes, they also track complaints about businesses, including daycare facilities. Filing a complaint with the BBB can help other parents make smart choices about childcare providers.
Taking Action: Your Family’s Next Steps
If your child has been injured at a daycare facility, you’re probably wondering what you should do next. Every situation is different, but here are the general steps I recommend for most families dealing with daycare injuries.
What to Do Right Away
Get Medical Care
Your child’s health and safety are the most important things. If you haven’t already, make sure your child gets the right medical care for their injuries. Don’t put off medical treatment because you’re worried about costs – those costs can be recovered later if the daycare was careless.
Follow all medical advice, keep all appointments, and make sure to get copies of all medical records related to your child’s injury.
Write Down Everything
Start keeping detailed notes immediately. This includes:
- Photos of your child’s injuries and the accident scene (if you can get them)
- Medical records and bills
- Conversations with daycare staff and administrators
- Your child’s symptoms and how the injury affects their daily life
- Any money you spend because of the injury
The more notes you have, the stronger your case will be if you decide to take legal action.
Report What Happened
Make sure the daycare gives you a written incident report, and don’t just accept a verbal explanation. If their report seems incomplete or wrong, ask for more details or corrections.
Think about reporting serious incidents to the state licensing agency, especially if you believe the facility broke safety rules or if you’re worried about ongoing safety problems.
Thinking About Your Legal Options
Talk to an Attorney
Even if you’re not sure whether you want to take legal action, it’s worth talking to an experienced personal injury attorney to understand your rights and options. Most attorneys offer free consultations for daycare injury cases, so there’s no cost to get professional advice.
During the chat, ask about:
- Whether you have a valid legal claim
- What money might be recoverable
- How long the legal process usually takes
- What costs and fees would be involved
Consider the Long-term Impact
When deciding whether to take legal action, think about how the injury will affect your child in the long run. Some injuries that seem small at first can have lasting effects that don’t show up until later.
Consider things like:
- Ongoing medical treatment needs
- Impact on your child’s growth and education
- Emotional and psychological effects
- Financial impact on your family
- Whether legal action might prevent similar incidents
Know Your Timeline
Colorado has a “statute of limitations” for personal injury cases, which means there’s a limited time to file a lawsuit. While you don’t need to make an immediate decision about legal action, don’t wait too long to talk to an attorney.
Proof can be lost or destroyed over time, witnesses’ memories can fade, and facilities might make changes that hide evidence of the conditions that caused your child’s injury.
Helping Other Children
Share Information with Other Parents
While you should be careful about making accusations or statements that could be considered slander, you can share factual information about your child’s injury with other parents at the facility.
Other families have a right to know about safety incidents so they can make informed choices about their children’s care.
Work for Policy Changes
If your child’s injury was caused by systemic problems at the facility or gaps in state rules, think about advocating for policy changes that could prevent similar incidents in the future.
This might involve working with parent groups, contacting state lawmakers, or supporting organizations that advocate for child safety.
Support Regulatory Enforcement
Cooperate with any investigations by state licensing agencies or other official bodies. Your information and testimony can be important for making sure that facilities are held accountable for safety rule violations.
Moving Forward as a Family
Focus on Your Child Getting Better
While dealing with the legal and administrative parts of your child’s injury is important, don’t forget about your child’s emotional and psychological needs during this time.
Children often need extra support and reassurance after upsetting incidents. Think about counseling or therapy if your child is showing signs of anxiety, sadness, or behavior changes.
Take Care of Yourself
Don’t forget about your own needs during this tough time. Dealing with your child’s injury, medical appointments, and potential legal proceedings can be incredibly stressful for parents.
Think about counseling for yourself and other family members, and don’t hesitate to ask for help from friends, family, or support organizations.
Plan for the Future
If your child’s injury will have long-term effects, start planning for their future needs. This might include special education services, ongoing medical care, or changes to your home or lifestyle.
Write down these future needs carefully, as they can be important parts of any legal claim you might pursue.
Getting Help from McCormick & Murphy, P.C.
If you decide to pursue legal action for your child’s daycare injury, the experienced attorneys at McCormick & Murphy, P.C. can help guide you through the process. With over 60 years of combined experience in personal injury cases, they understand the complexities of premises liability claims and have the resources to thoroughly investigate and pursue daycare injury cases.
Located at 1547 N Gaylord St UNIT 303, Denver, CO 80206, McCormick & Murphy, P.C. has been serving Colorado families since 1995. They handle most personal injury cases on a contingency fee basis, which means you don’t pay attorney fees unless they get money for your family.
You can reach them at (720) 782-8595 to schedule a free consultation about your child’s case. They’ll take the time to understand what happened, evaluate your legal options, and give honest advice about the best way to protect your family’s interests.
Conclusion: Protecting Your Child’s Future
Look, no parent should have to deal with their child getting hurt at daycare because someone else was careless. When you trust a childcare facility with your most precious possession – your child – you have every right to expect that they’ll take reasonable steps to keep them safe.
If your child has been injured at a Denver daycare or childcare facility, you’re probably dealing with a mix of emotions – anger, fear, guilt, and uncertainty about what’s next. Those feelings are completely normal, and you’re not alone in this.
The most important thing right now is making sure your child gets the medical care and support they need to recover as fully as possible. But you also need to think about protecting your family’s financial future and holding the responsible parties accountable for their carelessness.
Every case is different, and what’s right for one family might not be right for another. But you deserve to have all the information you need to make smart decisions about your child’s care and your family’s future.
If you’re dealing with a daycare injury, please don’t try to handle it alone. The legal and insurance issues in these cases are complicated, and facilities and their insurance companies have experienced attorneys working to minimize what they have to pay. You need someone on your side who understands the law, knows how to investigate these cases properly, and has the resources to fight for the money your family deserves.
The attorneys at McCormick & Murphy, P.C. have been helping Colorado families deal with personal injury cases for over 25 years. They understand how overwhelming this situation can be, and they’re committed to handling the legal complexities so you can focus on what’s most important – your child’s recovery and your family’s well-being.
Remember, it costs nothing to find out about your legal rights and options. A free consultation can help you understand what happened, whether the facility was careless, and what steps you can take to protect your family’s interests.
Your child’s safety and future are worth fighting for. Don’t let careless daycare facilities get away with putting children at risk, and don’t let insurance companies minimize the impact of your child’s injuries. Get the information and support you need to make the best decisions for your family.
If you’re ready to take the next step, call McCormick & Murphy, P.C. at (720) 782-8595 or visit their office at 1547 N Gaylord St UNIT 303, Denver, CO 80206. They’re here to help you through this difficult time and to fight for the justice and compensation your family deserves.
Your child’s future is too important to leave to chance. Take action today to protect their rights and ensure they get the support they need to move forward from this upsetting experience.
