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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.

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Pursuing Justice In Day Care Deaths

One piece of news that we see way too often here in Florida is day care deaths. Whether from abuse, negligence, or honest accidents the reports are always disturbing. What can parents and families do if they have had a child die while under the care of a daycare provider?

Legal Recourse For Day Care Deaths

Nothing can make up for the loss of a child, particularly in cases where the child was supposed to be safe and under the care of someone you trusted. Many people question why they should even bother bringing a lawsuit against the daycare provider since it won’t do anything to bring their child back.

There are several reasons why families decide to pursue daycare providers in court after a day care death. Rarely, do families pursue lawsuit solely for the funds that may be awarded. It’s usually much more complex than that.

  • Closure. For some families, it is needed for them to achieve closure. They feel that they must do everything they can to continue to be an advocate for their child. Fighting for their child’s rights is one final act that they can do for their child.
  • Awareness and Prevention. Others seek legal help to prevent similar situations from occurring in the future. By filing a lawsuit against the provider, they can raise awareness of “red flag” situations that other parents may experience with their own daycare provider. Raising awareness can also lead to changes in the law and licensing of day care providers, particularly in terms of inspections and staffing ratios.
  • Justice. Some families simply want justice. They want the daycare provider to acknowledge that their actions were wrong and contributed to the child’s death. They want someone to accept responsibility for the child’s death.

Consult A Personal Injury Attorney In A Day Care Death Situation

Florida day care deaths are typically prosecuted by personal injury attorneys as negligence or wrongful death lawsuits. The Beregovich Law Firm works with parents to settle day care death lawsuits and bring closure to the family with as minimal stress as possible.

If your family has suffered a day care death in Florida, contact us at (800) 631-9009 or info@beregovichlaw.com for a free and confidential consultation.

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When Negligence Leads To Day Care Accidents

It is normal for children to get bumps and bruises from time to time. But it’s another thing entirely for a child to be injured due to a caregiver’s negligence, which we are seeing more and more frequently in the form of day care accidents.

Despite the rules and regulations governing day care operations, day care accidents are on the rise in Florida and around the country. They stem from issues related to inadequate staffing and poorly trained staff to dangerous conditions – all of which may be considered negligence on the part of the day care operator. If it turns out that negligence did play a part in your child’s accident, you should contact a personal injury or day care accident attorney right away to determine your legal options.

Addressing Day Care Negligence In Court

The injuries that arise due to day care negligence range from minor cuts and bruises to broken bones, internal injuries, and in extreme circumstances, death. The incident can leave physical and emotional damage from which children and their families struggle to recover. One step in such recovery for many families is to pursue action in court.

There are many reasons why Florida parents choose to file lawsuits when day care accidents occur.

  • Compensation. Many families need help paying for the child’s medical treatment and recovery. Recovered compensation can help cover medical bills, lost wages due to caring for the injured child, and caregiving costs that resulted from the injury.
  • Awareness. No family every wants another to go through a similar situation. For some, pursuing the truth in court is a way to prove that the facility or operator was negligent so that other families are made aware of the situation.
  • Protection. Again, families of injured children don’t want to see the same thing happen again. By taking a day care to court, they can force the owners to make changes to their operations to help prevent future incidents.

Receive Advice On Day Care Accidents From The Beregovich Law Firm

If your child has been injured in a day care accident, contact The Beregovich Law Firm to discuss the situation and determine if negligence played a part in the injury. We offer free consultations so you can explore your options with no risk. Call our office at (800) 631-9009 or email info@beregovichlaw.com to schedule a consultation.