There are over 3,200 child care learning centers in Georgia state, and each one of them is held to a very high standard. Under the law in Georgia, child care facilities must take reasonable steps to create a safe and healthy environment for children. When they fail to uphold that standard of care and a child gets hurt, the facility can be held liable for the damage.
Average daycare negligence settlement amounts can be substantial depending on the circumstances of the injury and the level of negligence displayed by the facility.
Suppose your family recently experienced a daycare-related incident. In that case, you’ll want to learn more about your legal rights as a parent and what you can recover from a daycare by pursuing a claim. Our team here at Singleton Law Firm is prepared to help you navigate your situation and advocate for you to ensure you recover what you’re entitled to under the law.
Daycare Neglect and the Legal Rights of Georgia Parents
Daycare neglect that harms a child can lead to extreme distress for parents who trusted the facility. Parents can find it exponentially harder to trust another daycare facility or childcare provider after experiencing such an egregious breach of trust. On top of that, a child’s life can be drastically altered by an injury or early traumatic experience.
For those reasons, daycare negligence settlement amounts are often higher than other types of personal injury claims. When a daycare facility or childcare provider’s negligence leads to harm, parents have a legal right to pursue a compensation claim.
Singleton Law Firm’s legal team is comprised of Attorney Don Singleton, who has over 30 years of experience helping injured clients in Georgia, and lead Paralegal Lisa Neely, who has over 30 years of administrative legal experience. The firm has extensive experience handling child injury cases, so we’re confident we can help you secure justice.
Common Grounds for Daycare Lawsuits in Georgia
A daycare lawsuit may arise when the facility fails to uphold its legal duty of care towards the child and the child’s family. Georgia state has specific laws in place that demonstrate how to verify daycare safety compliance and whether a violation has occurred. Below, we’ll go over some of the most common grounds for daycare lawsuits in Georgia.
Negligent Supervision
One common ground for daycare lawsuits in Georgia is negligent supervision. Facilities have a legal obligation to properly supervise children at all times. They can be held responsible for injuries that occur as a result of children wandering off or getting hurt during playtime.
Negligent Hiring, Retention, or Training of Daycare Staff
When childcare providers should’ve never been hired or aren’t adequately trained to navigate situations, the facility can be held liable for any harm they cause.
Abuse or Harm by Staff
Intentional abuse or harm is never acceptable, so this type of behavior is definite grounds for a lawsuit. Facilities can be held equally responsible if they fail to report incidents or neglect to notice ongoing signs of physical and emotional abuse at their facility.
Unsafe Environments
Daycares must provide safe environments for children under their care. A lawsuit might arise if children are harmed by broken equipment, get sick due to improper sanitation, or get harmed as a result of a lack of safety protocols. Daycares that provide transportation could also be held liable if they fail to adhere to the state’s car seat laws.
Breach of Contract
Another common cause of daycare lawsuits is a breach of contract. Daycares are contractually obligated to provide the promised services like meals, educational activities, and more. If they don’t provide what they promised, then a lawsuit may arise.
Wrongful Death
Facilities can be held responsible for fatal accidents that are the result of negligence. Wrongful death situations could arise due to any of the negligent behaviors listed out above.
What Can You Sue a Daycare for in Georgia?
If you think you have the grounds for a daycare lawsuit, then your next step is to determine the extent of your losses. These losses could be economic, like medical bills related to the injury, or non-economic, like the emotional distress you’re experiencing. You may wonder –what can you sue a daycare for? In general, you’ll only be able to recover a settlement amount that accurately reflects the extent of your losses. It might be best to get in touch with an attorney to ensure you value your claim correctly.
Georgia Laws Governing Daycare Liability
Georgia’s Child Care Licensing Act sets forth specific requirements for daycare facilities in the state to ensure the safety of children. The law is designed to make sure that facilities have the proper resources to adequately care for the children under their care.
Under Georgia’s civil liability laws, these facilities have a legal duty to provide for the care and safety of those children. A failure to do so is considered negligence, and a party who is harmed by a daycare’s negligence has a legal right to pursue a compensation claim.
Daycare Negligence Settlement Amounts in Atlanta
The amount of your settlement award should completely reflect your overall losses, which means settlement amounts are very personalized to each case. On average, a daycare injury claim is worth anywhere from a few thousand dollars to hundreds of thousands of dollars.
Factors Influencing Settlements
Daycare negligence lawsuit amounts are calculated based on the victim’s economic and non-economic losses. In general, a more severe injury will lead to higher medical costs, longer-term losses, and more emotional trauma.
What to Do If You Suspect Daycare Negligence
Do you suspect negligence is occurring at your child’s daycare? If so, then you should take immediate steps to document any evidence you have that could prove what happened and the extent of the injuries. Get your child the medical treatment they need right away, while also considering your other options for childcare.
Report the incident to Georgia’s Division of Family & Children Services (DFCS) and promptly consult a lawyer to evaluate your case.
When to Contact a Daycare Negligence Attorney in Atlanta
Contacting a daycare negligence attorney is a good idea when your family has experienced a daycare-related accident, you’ve considered your losses, and you want to pursue a claim. The right lawyer will be able to provide a free assessment of your situation to make an initial determination on whether you might have the grounds to seek a case. If so, then you can hire an attorney to assist you in properly valuing your losses, proving your losses with the right evidence and documentation, and negotiating a fair settlement amount with the other party.
Legal Time Limits
In Georgia, statute of limitations laws give victims up to two years from the date of the incident to file a legal claim for compensation.
How a Lawyer Can Strengthen Your Case
The right attorney will strengthen your case by leveraging their experience, understanding of the law, and negotiating skills. They’ll ensure that all your claims are fully documented, making it more difficult for the other party to refute or attempt to downplay your losses. They’ll also ensure that you get what you’re entitled to under the law by exploring all possible sources of recourse in your situation.
Free Consultation Benefits
Participating in a free consultation with an attorney is invaluable. For one, an attorney can give you a clear picture of whether it’s worth your time and effort to pursue a legal case based on your initial description of what happened. For another, they’ll be able to help you estimate your losses based on your description of your losses.
This consultation will provide you with free legal counsel to help you make an informed decision on how to handle your situation.
Why Atlanta Parents Choose Singleton Law Firm
Atlanta parents often choose to work with Singleton Law Firm because of our team’s compassionate and empathetic legal care, years of extensive experience representing injured clients, and past case results that prove we have what it takes to successfully pursue a claim.
FAQs
Do you have more questions like, ‘What can you sue a daycare for?’ or ‘How quickly do I need to act after the incident?’ If so, then it’s best to get in touch with an attorney for personalized advice. That considered, we’ll go over some general answers to some of the most frequently asked questions.
How long do I have to file a daycare lawsuit in Georgia?
In general, you will have up to two years from the date of the daycare incident to file a claim. There are a few exceptions to this rule, so if you have questions about whether you still have time to file a claim, then it’s best to reach out to an attorney.
Can I sue if my child wasn’t physically hurt but shows emotional distress?
Yes, you can sue a daycare for non-economic damages like pain and suffering or emotional distress. So, what can you sue a daycare for, exactly? After an incident, you can sue a daycare for economic or non-economic damages that result from the harm.
Daycare Neglect and the Legal Rights of Georgia Parents
Average daycare negligence settlement amounts typically range from thousands of dollars to hundreds of thousands of dollars based on the facts surrounding the claim. Each case is unique, though, and highly dependent on the circumstances of the incident and losses.
Are you interested in learning more about your legal rights after a Georgia daycare accident? Singleton Law Firm was established by Attorney Don Singleton, who has been practicing law in Atlanta for over 30 years. You can rely on our legal team’s experience to help you pursue a successful claim.
Schedule a consultation with our team now to discuss your case, learn more about your options, and get started on your pursuit of justice.
