This is the next article in my series on the handling of cases involving childcare-related injuries to a child in our area of Illinois. My last article discussed what to do after one’s son or daughter was injured at daycare. It is important that the child receive immediate medical attention and it is strongly advised that the family speak with an attorney shortly thereafter. Counsel will help to advise on the next steps in the process. In this article I will be discussing the process of proving that the injury was the result of negligence on the part of the daycare. If you or a loved one are in need of assistance then contact my office today to speak with a Peoria childcare injury lawyer.
An injury lawyer will demand that evidence be preserved, and may conduct discovery, after a daycare injury
There are immediate steps which a lawyer will take after a child has been injured at a daycare facility. The first of these steps is sending a demand to the daycare, stating that they will be expected to preserve all evidence of the incident. This type of evidence may include footage from security cameras, written records, text messages, internal memos, and more. Depending on the facts, counsel may also wish to have an investigator look further into the matter. This could include interviewing the parents of other children, former employees of the daycare provider, and more. Also, counsel will check with regulatory bodies and law enforcement to obtain copies of prior complaints filed against the daycare or to obtain records of violations which they may have been cited. These are just a few examples of initial steps that your representative can take.
If the daycare denies liability in the matter, then it may be necessary to file a lawsuit. After litigation commences, a Plaintiff’s attorney will be able to engage in a process known as “discovery.” I have previously discussed why discovery is important in car accident cases. It is perhaps more important in matters involving daycare injuries as such situations often do not involve a citation from a police officer. This process allows a Plaintiff to require that the defendants provide written answers to written questions known as “interrogatories.” It also allows for the obtaining of records, surveillance footage, and other objects through “requests for production.” Additionally, “depositions” may be used to gain sworn testimony from parties and witnesses. Should they attempt to “change their story” at trial, then this testimony can be used to challenge their credibility. These are just a few examples of how evidence can be obtained in such cases.
It is crucial that your attorney begin obtaining all available evidence immediately. If trial becomes necessary then evidence will generally only be admissible if it is properly produced and was properly acquired. Not going through this process can result in a family not having needed information at trial. This, in turn, can result in an injured child receiving nothing. When choosing counsel, it is generally advised that you discuss how they will go about building proof of a defendant’s negligence.
Contact a Peoria childcare injury lawyer for assistance
If your son or daughter has been injured then it is strongly suggested that you speak with an attorney as soon as possible. Quite often, the insurance carrier for the childcare may quickly contact and offer a “quick” settlement. It is important to remember that these insurance adjusters are working with the goal of paying out as little as possible. It is the role of your attorney to gain you the greatest level of compensation. Counsel will, among other things, begin gaining the evidence needed to prove your case.
If your son or daughter has been injured then contact my office today to speak with a Peoria childcare injury lawyer. My office is devoted to protecting the rights of individuals who have been injured through no fault of their own. I founded my firm on the belief that the rights of individuals should be protected over the rights of corporations. I pride myself on providing a high level of service and we look forward to speaking with you. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
