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When we drop our children off at a daycare facility or licensed in-home daycare, we expect that they will be safe, supervised, and cared for. Unfortunately, that is not always the case. Even in fully licensed and qualified environments, children can still be subjected to physical abuse. If you are thinking of suing a daycare for physical abuse or “rough handling” in Cleveland, you should educate yourself on the process and how your case might play out.
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Sadly, child abuse is a common problem in the United States. In fiscal year 2023, over 546,000 cases of child abuse and neglect were reported in the country. Young children are the most frequent victims of abuse, with children under one year old accounting for the highest victimhood rate.
While most perpetrators of child abuse are parents or other family members, abuse in daycare settings is an issue. Ohio does establish specific requirements for daycare center licensing in Chapter 5180:2-12 of the Ohio Administrative Code. This section includes rules regarding staff background checks and required training and professional development.
These measures are put in place to certify that daycare workers remain professional, responsible adults who can safely look after children. Despite these safeguards, physical abuse in daycare centers still happens. If your child has been a victim of physical abuse or rough handling in a Cleveland daycare, the process of filing a claim and seeking justice is outlined below.
If your child has suffered physical abuse at daycare, you should file a police report with the Cleveland Division of Police (CDP) documenting every incident. If there is reasonable evidence to substantiate the abuse claims, the police should get involved and take legal action against the perpetrator. You can then take the additional step of filing a personal injury claim against the daycare.
The legal system can be complicated, and the process of pursuing compensation for your child’s injury and justice can feel overwhelming. If you hire a daycare abuse lawyer, you don’t have to navigate the unknown alone. An experienced attorney can help you every step of the way, from an initial insurance claim all the way to the courtroom, if need be.
The next step after filing a police report and hiring an attorney is to file an insurance claim with the daycare center’s insurance company. Daycare centers should carry liability insurance to cover injuries that occur at the daycare. Filing the claim should be a relatively simple process, usually involving a phone call or an online form. Your attorney can advise you on what information to include, and they may be able to file the claim for you, as well.
The insurance company may decide to accept the claim and give you a settlement offer. However, any compensation they are willing to pay is unlikely to fully cover the costs associated with the injury. Insurance companies are notorious for denying or underpaying claims in an effort to protect their own bottom lines. If your claim is denied or underpaid, the next step is to file a personal injury lawsuit.
You may want to file a personal injury lawsuit anyway, regardless of the outcome of the insurance claim. Personal injury compensation can include punitive damages, which are awarded based on egregious behavior that constitutes willful harm.
Your attorney can help you file a personal injury lawsuit against the daycare center, their insurance company, or even individual workers. In many cases, more than one defendant can be named. After the suit is filed, you and your attorney can wait for the defendant’s response.
Most personal injury lawsuits end at this stage. After the initial suit is filed, the defendant can respond. If the case is legitimate, and there is solid evidence to support your claim, they are likely to offer to settle out of court. Your attorney can then negotiate to secure fair compensation for you. If, on the other hand, the defendant does not want to settle, the case may move to the trial phase, during which a judge can hear arguments from both sides and rule on the case.
No, the vast majority of personal injury cases do not go to trial. Defendants often would rather settle out of court than go through a trial and pay attorney and court fees, only to be ordered to pay the disputed compensation anyway. If the plaintiff’s case is legitimate, the defendant is likely to offer a satisfactory settlement.
The cost to hire a daycare abuse lawyer in Cleveland can vary significantly, depending on the complexity of the case and individual lawyers’ set rates. Many lawyers who take personal injury cases work on a contingency basis. This means that they do not require any up-front payment from the client. Instead, they receive a percentage of the client’s settlement.
Yes, there is a statute of limitations for personal injury claims stemming from daycare abuse incidents in Ohio. The time limit is two years, as established in Section 2305.10 of the Ohio Revised Code. After this two-year window has passed, a victim usually cannot pursue compensation through a personal injury claim.
If you file a personal injury claim for an injury resulting from daycare abuse, you can collect damages for medical expenses, lost wages, and pain and suffering. The compensation for medical bills should cover all medical expenses associated with the injury. Compensation for lost wages can offset the wages you missed while taking care of your child. Finally, pain and suffering compensation covers both physical pain from injuries and psychological or emotional distress.
If you need to file a personal injury claim related to daycare abuse in Cleveland, you need the help of an experienced attorney to navigate the process. Contact Rumizen Weisman Attorneys to discuss your case.
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