Representing Daycare Abuse Victims In Alabama

When you send your child to a daycare facility, you expect them to be safe and given an attentive level of supervision. Unfortunately, too many daycare facilities cut corners or hire employees who deliberately mistreat children in their care. When you discover your child has been neglected or harmed, you may understandably be wondering about your legal options.

At Tommy James Law, we make it our mission to help families account negligent or abusive daycare facilities accountable for their misconduct. Our Birmingham daycare abuse lawyer has over 25 years of experience and can offer the tenacious advocacy you need to seek justice on behalf of your child. We have the skills and knowledge necessary to win these cases and will do everything we can to recover the compensation your family deserves.

Call (205) 259-1725 or contact us online to request a free initial consultation. Our firm serves clients throughout the state of Alabama.

Types of Daycare Abuse

Children are inherently vulnerable. Not only are they generally unable to physically defend themselves, but they also may not have the ability to recognize something is not okay or communicate that they are in distress. You also will not be able to monitor everything that happens at a daycare facility.

This dynamic allows bad actors to shirk their responsibility to children left in their care. It can even result in situations where children are physically or emotionally abused.

Daycare abuse can take many forms, including:

  • Deliberate or inadvertent failure to adequately supervise children
  • Insufficient employee-to-child ratio, meaning a caregiver is forced to look after too many children at once
  • Unsafe conditions, such as poorly maintained playground equipment or choking hazards being within children’s reach
  • Physical harm, including the use of excessive force (grabbing a child’s wrist so hard it bruises, for example)
  • Mental abuse, such as screaming at a child or insulting them repeatedly
  • Failing to accommodate a child’s needs, including dietary restrictions

Any form of neglect can lead to serious injuries or illness, even though the employee or employees did not intend to cause harm. For example, a failure to properly supervise children could lead to a child improperly climbing a structure, falling, and hurting themselves. Failing to remember a child’s dietary needs could result in them experiencing a dangerous allergic reaction.

Other types of abuse may be the result of deliberate misconduct. For whatever reason, an employee could intentionally subject a child to physical or emotional harm or deny them basic necessities, including clean and safe conditions.

Though some injuries are completely accidental, you should not assume an incident was entirely unavoidable. Our Birmingham daycare abuse attorney can evaluate your situation and determine whether you have a case.

Recovering Damages In A Daycare Abuse Lawsuit

You must make every effort to detect possible instances of neglect or abuse as soon as possible. Remember, depending on their age and cognitive ability, your child may not immediately come to you about the trouble they are experiencing at their daycare facility. They may even refuse to talk about it if asked. You will need to proactively look for signs of mistreatment: Physical signs may include unexplained cuts, bruises, scrapes, and other injuries. Other warning signs may include persistent illness (if the child is not being given access to nutritious food and clean facilities) or abrupt changes in behavior.

Catching daycare abuse early is also important because you only have a limited time to file a lawsuit. In Alabama, you generally have two years from the date of the most recent incident to start the legal process. You do not typically get additional time if you only discover the extent of the abuse or neglect well after it took place. Should daycare abuse or neglect result in death, you will have two years from the date of your child’s passing to file a wrongful death claim.

Depending on the specifics of what happened, multiple parties may be liable for daycare abuse. You may be able to take legal action against the individual employee or employees who perpetrated the abuse, the administrator of the daycare facility who failed to appropriately screen or train their employees, and the owner of the daycare facility. Our team at Tommy James Law will advise who is liable.

Through a lawsuit, our Birmingham daycare abuse lawyer will work to recover compensation for all applicable damages, such as:

  • Medical expenses
  • Psychological counseling bills
  • Emotional distress
  • Pain and suffering

Do not wait to get legal advice if you suspect your child has been subject to any form of abuse or neglect in a daycare facility. We are here for you and can walk you through your legal options.

Ready to seek justice? Contact us online or call (205) 259-1725 to discuss your case with us.

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