Daycare Accidents and Liability Waivers

Many parents who sign their children up for daycare are presented with a liability waiver before the child is accepted. These waivers are designed to protect the daycare from spurious lawsuits that may result from normal childhood accidents. When children are involved in more serious accidents, parents sometimes think they cannot sue the daycare for negligence because they signed a liability waiver. This is false.

In general, if your child is injured due to negligence on the part of the daycare provider you can sue for compensation. There are, of course, exceptions to this rule, such as if you yourself may be partially at fault for the injury, but generally speaking, liability waivers do not preclude families from suing daycare providers IF the injury happened due to the provider’s negligent actions (or inactions).

Daycare Waivers Limit Liability, They Don’t Remove It

Daycare waivers are intended to limit a day care’s liability for injuries that occur on their watch – not remove their liability entirely. Legally, a daycare cannot waive their liability for daycare accidents or daycare injuries that result from their own negligence, rending the waiver unenforceable in these types of situations.

Keep in mind that simply sustaining an injury is not enough to bring forth a lawsuit, whether there is a waiver involved or not. If your child is injured while at daycare and you decide to sue, you will have to prove that negligence played a role in the injury. You’ll need to prove that the facility failed in its’ duty to provide care and that the failure played a role in causing the injury to occur. Finally, you will need to prove damages. Damages is another term for the compensation needed based on the injury. Damages are calculated in many ways but typically include current and future medical bills, wages that you or your spouse may have lost due to needing to take time off from work, or even pain and suffering.

Don’t Let a Liability Waiver Prevent You From Seeking Justice

There are good reasons to sign liability waivers. For example, most give the daycare the authority to call an ambulance, if needed. So, don’t let your fear of giving up your right to sue, stop you from signing it. If the daycare is truly responsible for your child’s injury, you can’t be stopped from filing a lawsuit against them, but you’ll want to make sure you have a case by contacting The Beregovich Law Firm for a case evaluation. Our Florida personal injury attorney will examine the evidence and advise you of your legal options so you can make an informed decision.

Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule your consultation.


Crucial Evidence That Helps Win Car Accident Lawsuits

Car accident lawsuits and insurance company payouts both help victims recover from the financial costs associated with an accident – such as property damage, medical bills due to injuries, or even lost wages. However, simply being in a car accident and bringing forth a lawsuit doesn’t guarantee that you will receive compensation. For that to happen, you’ll need to provide evidence that you have a right to compensation, better known in legal terms as “damages”.

You will need to prove several things in order to win a car accident lawsuit:

  1. That the other driver was negligent.
  2. That you sustained injuries as a result of the negligence.
  3. That the injuries caused you to suffer damages.
  4. The cost of those damages.

Whether you are seeking compensation from a car insurance company or in a civil lawsuit, winning the case relies on providing the right evidence.

5 Examples of Evidence That Will Support Your Case

Here’s a look at 5 pieces of evidence that are common in car accident cases. When presenting your case, it’s always a good idea to have as much evidence as possible. Presenting all 5 types of evidence will boost your case, but you aren’t required to have all 5 types in order to bring a lawsuit.

  1. A police report. Police reports from the collision site are very valuable pieces of evidence as they lay out in impartial terms the facts of the collision. Police reports can also help verify your version of what happened.
  2. Witness statements. Witness statements are equally valuable as police reports and may even be included in the police report. Witnesses can describe what happened prior to, during, and after the crash. If you are ever involved in a car accident, try to obtain witness contact information so you can reach them if you ever need to present witness testimony.
  3. Specialist statements. Specialists like accident reconstruction specialists can help prove exactly what happened when an accident occurred by examining evidence and damage to vehicles. Your car accident attorney can help you find an accident reconstruction specialist if you need one.
  4. Photos. “A picture never lies.” This is very true in the case of car accidents where witnesses may have fuzzy memories or police may not be able to piece together exactly what happened. Any kind of photo can help build your case, so use the camera on your phone to document damages and injuries.
  5. Medical records. If you are seeking compensation for your injuries, medical records are vital to proving the severity of your injuries and the financial hardship the injuries have placed on you. This information will be instrumental in determining the amount of compensation you are awarded.

Contact The Beregovich Law Firm For Help Building A Car Accident Case

Engaging the services of a Florida car accident lawyer can help you present your strongest case and win your car accident lawsuit. The Beregovich Law Firm helps victims of car accidents in Florida obtain the compensation they need to move forward with their lives after an accident. We will help you collect and review evidence, develop a case, present it to the insurer or in court, and fight for your right to compensation every step of the way.

Call our firm at (800) 631-9009 or email us to schedule a car accident consultation.