info@carolinalaw.com
info@carolinalaw.com
Answers to common questions asked by North Carolina parents. For more information, call us at (704) 376-1911.
First and foremost, seek medical attention for your child. Some injuries, such as concussions or internal trauma, may not show symptoms right away. Ask the daycare for a written incident report and make a copy before leaving. Preserve evidence of your child’s injury by photographing the injuries and the environment, and by removing any physical evidence, such as clothing. Additionally, write down the names of any staff members who were present. Finally, contact a daycare injury attorney to discuss whether you have a claim before speaking further with the daycare’s management or insurer.
Yes. If your child was injured because the daycare or its employees failed to exercise reasonable care, you can file a daycare negligence lawsuit. You will need to show that the daycare owed your child a duty of care, that it breached that duty through negligent actions or omissions, and that the breach directly caused your child’s injuries.
Common forms of daycare negligence include inadequate supervision, unsafe premises, improper staff training, negligent hiring, food-related negligence, and medication errors (administering the wrong medication or incorrect dosage).
Proving liability in a North Carolina daycare negligence case requires showing that the daycare’s failure to meet industry standards of care caused the harm. This involves demonstrating that the daycare owed a duty of care to the children, that this duty was breached through negligent actions or omissions, and that the breach directly caused injury. Evidence of negligence may include witness statements, surveillance footage, records of the daycare’s policies and procedures, criminal charges, and expert testimony.
You may be able to hold multiple parties legally responsible (liable) for your child’s injury. In addition to an individual employee, you may pursue a claim against the daycare center or business entity, the facility's owners or operators, and managers or supervisors who failed to properly oversee staff. In cases involving negligent hiring, the daycare may be liable for failing to conduct background checks or for retaining an employee despite known red flags.
Your child generally has until their 21st birthday to file a personal injury lawsuit that occurred when they were under the age of 18. However, a parent’s separate claim for reimbursement of medical expenses is subject to North Carolina’s standard three-year deadline from the date of injury. Seeking legal help early can help preserve evidence like witness statements and surveillance footage.
Generally, yes. A daycare cannot waive liability for its own negligence through an enrollment form, and parents generally cannot waive a child’s independent right to sue. Even where a waiver might have some effect, it would not apply to gross negligence or intentional misconduct. Have an attorney review the specific language of the waiver.
In-home daycares have the same duty of care as formal daycare centers. If the daycare was operating without a required license, this can strengthen your negligence claim. Unlicensed providers often lack proper safety measures, which increases liability. You can sue unlicensed daycares in the same way, and their lack of licensing may be used as evidence to strengthen your claim.
If your child was physically or sexually abused at a daycare, you can pursue justice by filing criminal charges and seeking compensation from the facility. Although the person responsible for the abuse may lack assets, you may still recover damages from the daycare’s insurance policy. For example, claims of negligent hiring or supervision. Lawsuits can be filed under seal using a pseudonym, such as Jane or John Doe, to protect the child’s privacy.
There is no standard amount recoverable on your child’s behalf. Settlements and verdicts depend on injury severity, the strength of the evidence, medical treatment, lasting harm, and insurance or assets. An experienced attorney can assess your case and suggest a realistic range. Damages usually cover past and future medical costs, pain and suffering, emotional trauma, and parents' medical expenses. In cases of egregious conduct, punitive damages may also be pursued to punish the defendant and deter similar conduct.
Our firm handles daycare injury cases on a contingency fee basis. That means you don’t pay attorneys’ fees unless we obtain a recovery on your child’s behalf. Additionally, we offer free consultations for personal injury clients.
While any personal injury lawyer can take your case, hiring a dedicated daycare negligence attorney offers distinct advantages. Our attorneys have deep knowledge of North Carolina’s childcare licensing regulations and industry standards of care. We know how to investigate daycare facilities, uncover patterns of understaffing or prior violations, and work with experts who can testify about child development and trauma. This specialized experience is crucial to building the strongest possible case to obtain justice for your child’s injuries.