Charles E. Boyk Law Offices, LLC
If your child suffered harm as a result of daycare abuse or neglect, you might have legal recourse. A Toledo daycare injury lawyer could help you bring a claim against the negligent party, with a seasoned personal injury attorney helping you strategize, prepare, and execute your case for legal recovery.
While personal injury cases can vary greatly depending on the type of claim and the underlying facts, most cases involving injuries at daycares follow a general process. If a plaintiff is bringing a case on behalf of their child following an injury at a daycare, a likely first step would be filing a lawsuit. A daycare injury lawyer in Toledo could file a summons and complaint to initiate proceedings, alleging the facts that caused your child’s injury, and demanding compensation.
The defendant organization could either respond with an answer and move the proceedings forward or request a settlement negotiation. If negotiations fail, the plaintiff may proceed into the next phase, discovery.
Assuming the case has not been dismissed or settled early on, the parties move into discovery. During discovery, both parties investigate the facts of the case, conducting depositions, interviewing witnesses, and collecting the evidence necessary for trial.
After discovery is complete, motions to dismiss or end the case might be filed. If those are not granted and the case has not been settled either through negotiations or a mediation, the case may proceed to a trial in front of a jury. At a trial, both parties present their evidence. To have a successful suit and be able to collect compensation, the plaintiff must meet the evidentiary threshold, showing the jury that it is more likely than not that the defendant is liable for their child’s injuries. The jury will then determine whether the defendant is liable, as well as what compensation the injured party deserves.
Depending on how the injury happened, parents may be eligible for different damages. For example, if the injury resulted in extensive medical bills, they might seek economic damages to reimburse them for those bills. They can also seek compensation for any future medical bills the child is likely to incur because of their injuries. These and other economic damages could be proven with documentation, such as bills, receipts, and payments made in connection with treatment for the injury.
The child may also have experienced trauma or emotional anguish related to the injury or experience. These noneconomic damages are also compensable, with the jury determining what amount of money will best compensate the injured child for the trauma he or she has endured.
If the behavior of the responsible daycare was especially egregious, the court may award punitive damages as well. This category of compensation is meant to punish the responsible party for their wrongdoing.
Bringing a personal injury case for your injured child could be overwhelming. A Toledo daycare injury lawyer could help you through it by bringing a claim on your behalf. Throughout every step of the legal process, a well-versed attorney can advocate for you. Learn how an attorney could help by calling to schedule a free consultation today.