Milwaukee child daycare injury attorneys & lawsuits Negligent accident settlement amounts depend on the quality of your lawyer.

What should I do if my child is injured at daycare?

If your child is in serious need of medical attention, call 911. If it is a non-emergency, make a report with the Bureau of Early Care Regulation Regional Licensing Office by calling 262-446-7800. In Milwaukee, Madison or any other area in southeast Wisconsin the legal guardian of the abused child has the right to bring a lawsuit against the daycare. Negligent daycare caregivers who neglect children, get distracted, or simply don't do their job can cause head injuries, serious falls, neck injuries, back injuries, drowning, and even death. A trial-proven personal injury attorney often gets higher insurance settlement amounts offered from insurance companies. When a child is injured, 10 out of 10 insurance companies do not want a jury involved. 

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Forms of abuse in the daycare industry

When daycare staff members are abusive or careless toward children under their care, children can suffer severe or life-threatening injuries. Abuse comes in different forms including

  1. Physical abuse consists of hitting, slapping, pinching, hair, or ear pulling. Some signs parents should be aware of that can indicate physical abuse include bruises or cuts, request crying, aggressive behavior, and your child trying to run away when at daycare. 
  2. Emotional abuse can include name-calling, shaming, threats, humiliation in front of other kids, and throwing things towards a child to scare them. Signs of emotional abuse in your child may include nightmares, trouble sleeping, changes in behavior, and regression such as sucking on their thumb. 
  3. Sexual abuse happens a lot more often than people realize. Daycare facilities that are understaffed and don't properly monitor children can have this type of abuse go on for a significant amount of time. Sexual abuse signs to watch out for include bruises around the genital area, social withdrawal, excessive knowledge about sexual topics, overly compliant behavior, and increased aggression. 

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  • Changes in behavior/extreme mood swings: Children who become uncharacteristically shy, withdrawn, or depressed can indicate they’re hiding something.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 their input on possible causes.

Who is responsible for child injuries in a daycare facility?

Parents put all their trust in daycare employees when they leave their child at the daycare facility. Daycare facility owners often try to deflect the blame of a child's injury to the actions of the child to escape liability. Their insurance providers will most likely try to convince you to accept a small settlement amount instead of filing a claim for damages. Do NOT accept their offered settlement amount and contact a Warshafsky personal injury lawyer to represent you and find all the relevant details to prove your child was criminally injured or abused. 

Common injuries in negligence cases

Although daycare services try to take all necessary precautions to provide a safe environment for the children they take in, the US Department of Health and Human Services shows that in 39 states, more than 5,000 daycare service providers are found to be liable to child neglect and abuse. Negligence of an employee at a Milwaukee daycare facility can lead to a serious injury to younger children at the center.  

  • Broken or fractured limbs
  • Brain injury
  • Spine injury
  • Child Molestation
  • Drowning
  • Wrongful Death
  • Dog bite
  • Playground park injury
  • Premises liability
  • Slip and fall lawsuits
  • Traumatic brain injury

Daycare insurance policies & premises liability

Premise liability is part of a daycare facility’s insurance, meant to cover accidents that happen on the property/playground/parking lot. We need to be able to prove that the injury was not an accident, but rather intentional or caused by culpable negligence to win your case. Warshafsky personal injury attorneys are experienced in dealing with insurance companies and negligence claims. We will investigate every detail of your case to prove that your child was criminally injured or abused and win compensation from the guilty party.

Regulated childcare—what is it and why does it matter?

Under Wisconsin law, there are three classifications of daycare providers: Unregulated, Certified and Licensed. These classifications determine how many children can be under a daycare provider’s care. Regulated child care facilities are preferable because they are required to conduct background checks of employees, have regular inspections and comply with complaint investigations. 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)

When can I sue for childcare abuse?

To sue for 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.

Can I sue daycare for negligence in Wisconsin?

Yes, you can sue daycare for negligence in Wisconsin. There are two kinds of cases for the negligent supervision of children: 1. Your child was hurt because of the inattention of a caregiver 2. You, your child, or your property was injured when another person failed to supervise a child Common examples of negligent supervision of children include: - Injuries at daycare - Failure to protect children from the dangers of traffic - A child ingesting toxic chemicals - A violent child injures another child after a daycare fails to supervise the children

Can I sue a daycare for hitting my child?

Yes, you can sue a daycare for hitting your child. A civil claim against the daycare can result in compensation for any related losses. These losses can include: - Pain and suffering - Cost of alternative child care - Cost of therapy or counseling - Compensation for lost wages - Medical bills.

How to report child abuse in a daycare facility?

It is important to take action if you suspect any form of daycare abuse, as it could protect your child and countless other children who might be subjected to the same treatment. Although CPS may take months for an investigation to be completed, a Milwaukee personal injury lawyer will be able to help you pursue compensation and maximize the settlement your family deserves. You’re fighting insurance companies and all their resources when you’re fighting against a daycare to make sure damages, medical bills, and other bills are covered after your child is injured or abused. Luckily, you have Warshafsky to combat the numerous defenses a daycare and their insurance company may have to protect them from culpability.

What are examples of daycare neglect?

Failure to properly train employees, failure to provide proper nourishment, and failure to timely notify family of injuries or other issues with the child are examples of daycare negligence.

Milwaukee daycare injury settlement amounts

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