Madison daycare injury lawyers: Child abuse & neglect in WI Madison, WI daycare injury lawyers & lawsuits

Can I sue a daycare for negligence?

In Madison, parents who believe their child has experienced injuries or abuse at the hands of the daycare provider should seek assistance from a skilled personal injury attorney to receive maximum compensation. In 2017, 2,237 daycare providers were charged for abusing and neglecting children while under their supervision. Children abuse and neglect include:

  • Improper supervision - children may be harder by choking on small objects or food, wandering into unsafe areas, and playing with dangerous items
  • Inappropriate contact with a minor
  • Hazardous substances in the reach of children
  • Failure to provide safe premises
  • Daycare wrongful death suits

Statute of Limitations for filing a child abuse lawsuit

The Wisconsin statute of limitations on child abuse civil claims dictates that any legal action must be brought to court before the victim is 35 years old. For criminal cases, there is no limitation on first-degree sexual assault claims. Legal action for second-degree sexual assault claims must be brought to court before the victim is 45 years old. 

Reporting daycare abuse in Madison

If your child has suffered a serious injury at your local daycare and is in need of medical attention, call 911. If there aren't any life-threatening injuries and want to file a report against the daycare, make a report with the Bureau of Early Care Regulation Regional Licensing Office by calling 262-446-7800. In Madison, the legal guardian of the injured or abused child has the right to bring a lawsuit against the daycare. Contact an attorney if your child has been physically or emotionally abused at a daycare center. Our personal injury attorneys in Madison have fought many cases for victims of daycare abuse. Our lawyers have a no win no fee policy, meaning you will pay nothing until you get compensation. Call Warshafsky to start building your case.

Signs your child may be suffering from abuse at a daycare center

Beyond talking with your child and getting him/her to tell you about their experience at the daycare center, there are warning signs to watch for:

Changes in behavior/extreme mood swings

Children who become uncharacteristically shy, withdrawn or depressed can indicate they’re hiding something. At the other extreme, children who become aggressive (kicking, biting, hitting) may be doing so in response to the abuse they’ve suffered at the daycare center.

Inappropriate interest in sexual matters

Children who have been molested will sometimes act out that sexual activity or show knowledge of it beyond what is normal for their age.

Fear or anxiety at the daycare center or toward an employee

It’s fairly common for young children to occasionally carry on when being dropped off at a daycare center. When it’s a regular thing, and when they show fearfulness or anger on a regular basis, it becomes difficult to dismiss their behavior as a tantrum. If your child expresses fear about anyone at the daycare center, take them seriously and start asking questions about what is going on.

Bruises, cuts and other unexplained injuries

Most daycare centers will inform parents of any injuries a child sustains while in their care. In fact, they’re required to write it up. When injuries occur on an ongoing basis, particularly bruises on the wrists, forearms, and buttocks, and the child cowers at sudden movements or when being touched, there’s a reason to suspect physical abuse is taking place at the daycare center.

Regressive behavior

When a child reverts to infantile behavior, such as bedwetting, thumb sucking, and excessive clinginess, it can be a sign of emotional issues brought on by verbal or sexual abuse.

Ongoing nightmares

Children don’t handle trauma well. Typically, they internalize it to the point it comes out in bad dreams and night terrors.

Irritation or infection of the genital region

Any infection, itchiness, or soreness around the genitals is always a cause for concern. If your child complains of any of these, make an appointment with your pediatrician and get his/her input on possible causes.

What is regulated child care?

The three classifications of daycare providers under Wisconsin law are unregulated, certified, and licensed. These classify the number of children a daycare provider can have under their care. Licensed care providers who typically have more than 20 children must have one employee for every 8 children. Regulated child care facilities are required to conduct background checks of all employees, have regular inspections, and comply with complaint investigations, making them a more preferable center. There are 4 types of regulated child care:

  • Certified Care (3 or fewer children under the age of 7)
  • Licensed Family Child Care (up to 8 children under the age of 7)
  • Licensed Group Child Care (9 or more children under age 7)
  • Day Camp (seasonal programs for 4 or more children ages 3 and up)

Types of abuse in daycare facilities

Sexual abuse in child care facilities

In the past decades, the number of daycare abuse cases has risen dramatically. Facilities compromise the child's care and safety, ensuring enough staff members are employed to meet the child's needs. Some facilities fail to adequately run background checks on newly hired employees making it easy for child predators to work around children all day. Potential indicators of alleged child care sexual abuse involve:

  • sleep disturbances, nightmares, panic attacks while sleeping
  • signs of clinginess
  • unexplained injuries including bruises around the genital area
  • angry or aggressive behavior

Physical abuse in Madison area daycares

According to Child Maltreatment 2019, physical abuse is the second most common type of maltreatment children experience. Of the children who have died due to abuse, 44.4 percent suffered physical abuse. Children can suffer physical abuse at the hands of any child care provider. Indicators of child care physical abuse includes:

  • unexplained injuries like bruises, fractures or burns
  • injuries that don't match a given explanation
  • shrinks at the approach of adults
  • reports injury by an adult caregiver

Emotional and psychological child abuse

Emotional abuse includes any action directed toward a child that hinders a child's emotional development. These actions include name-calling, penalize children for positive actions, insulting, threatening violence, and withholding support, guidance, or love. A child who has suffered emotional abuse will exhibit certain signs that include:

  • anti-social behavior
  • personality changes
  • unusual aggressiveness
  • talking badly about themselves

When can I sue for emotional childcare abuse?

To sue for emotional childcare abuse, you and your attorney must be able to prove: 1. The daycare center had a duty of care to protect your child from undue harm. 2. The daycare center violated its duty of care. 3. The breach was the direct cause of your child’s injuries. 4. The injury was foreseeable by daycare staff. 5. The nature and value of your child’s damages.

How can I help my child after they have experienced emotional abuse?

Parental support is critical for a child's recovery after emotional abuse. Signs of affection like hugs, smiles, and holding hands can all be helpful to your child's recovery.

What compensation is my child entitled to?

The amount of compensation your family and child are entitled to depends on the gravity of the injury. In previous cases, children were compensated for any past and future medical bills incurred because of the injury. The parent can be entitled to any wages lost during the time of the accident.

What can a child injury lawyer do for me?

If your child sustains injuries due to negligence on the part of the daycare, the negligent party will be held responsible for their actions in a court of law. Contact Warshafsky Law Offices to help you receive maximum compensation for their actions.

When should I report my child's incident report after a daycare injury?

Legal guardians should demand an incident report as soon as a child has been involved in an accident while at daycare. Daycares should have a policy in place for creating incident reports for all minor and serious injuries.

Madison daycare injury settlement amounts

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