Do You Need a Child Injury Attorney If Your Child Was Injured at Daycare?


As someone who has trusted daycare providers to help care for my girls since they were babies, I know how important quality daycare is to working families. It can be hard to leave the people you love most in the world to be cared for by someone else, but in my experience, most daycare providers are loving and responsible caregivers. Some of my children’s greatest bonds have been with caregivers they have had along the way.

But there can be times when daycare providers fall short and do not provide the necessary care for a child. If your child has been injured at daycare, you may wonder if you need a lawyer for child injury and if child injury claims are an option for daycare injuries. Here are some answers about child injury claims for injuries that happen at daycare.

1)    If my child was injured at daycare, do I need to speak with a lawyer for child injury?

If your child has been injured at daycare and you believe it may have been the daycare provider’s fault, you should speak with a lawyer for child injury. The child injury attorney should be able to help you determine if you have a claim to pursue. The child injury attorney can also help you if you are contacted by the daycare provider’s insurance company. Finally, a child injury attorney should also be able to help you determine if there are other options besides filing a child injury claim to help address safety concerns you have about the daycare. If you would like to speak with someone at our office about a potential claim, please call us at (319) 826-2250.

2)    If my child was injured at daycare, do I have a child injury claim?

The answer to this depends on the facts involved in your child’s injury. In order to pursue a child injury claim for a daycare injury, you must be able to show that your child’s injury was a result of the negligence of the daycare provider. Negligence could be the daycare provider’s failure to provide proper care. It could also be the daycare provider’s failure to properly supervise your child or other children in their care. In some cases, the daycare provider is negligent in supervising their staff.  

3)    How long do I have to bring my child injury claim?

In most cases, if a child was injured while they were a minor, a child has until they turn 19 to bring a child injury claim. Parents only have two years from the date of injury in order to bring a loss of consortium claim as a result of their child’s injury. Loss of consortium includes any medical expenses paid by the parents of the child and the loss of services, companionship and affection from the child as a result of the child’s injury.

4)    Should I report my child’s injury at daycare to anyone else?

You can report any concerns you have about your daycare provider to the Iowa Department of Human Services. More information is here. You can also check here to see if any complaints have been filed against your daycare provider or any licensed or registered provider you may be considering.

5)    Will there be insurance available for my child injury claim?

Many daycare centers have insurance for child injury claims. In some instances, a daycare provider’s insurance may not cover a child injury claim. A child injury attorney can help you determine whether a daycare center has insurance available to compensate your child for their injuries.

If you have questions about whether you may have a child injury claim, please contact us at (319) 826-2250 or using the contact form found here.

The above information is intended to be helpful, but is not intended to replace legal advice provided by an attorney to a client.