Young girl is hurt in a fall at her day care playgroundYour child is too young to report what happened.

It is not your child’s responsibility to know why he was hurt by the adults who were in charge of keeping him safe, and the court does not expect your infant, toddler, or preschooler to be able to make that kind of detailed report. Instead, it is possible for your child to make a full and fair recovery if you and your attorney present other convincing evidence about what happened to cause your child’s injuries.

Five Types of Evidence That May Be Useful

In order to prove that the daycare is responsible for your child’s injury, you will need to prove that your child’s injury was caused by negligence or abuse. Some of the specific evidence that could be useful in proving your cause of action includes:

  • Witness testimony. Adults who were present at the daycare when your child was hurt and expert witnesses may provide useful information about how your child was injured.
     
  • Daycare policies and procedures. The policies and procedures—and evidence about compliance with those policies and procedures—may be relevant to your child’s claim.
     
  • Photographs. Pictures of defective equipment, unsafe conditions, and your child’s injuries could be important evidence in a daycare injury case.
     
  • Evidence of compliance with regulations. Compliance with state regulations regarding staffing and specific safety issues is relevant to matters of abuse and neglect.
     
  • Your child’s medical records. This will help prove the extent of your child’s injuries and the amount that your child should recover in a legal case.

The daycare may be in possession of most of these forms of evidence, but it may be unwilling to voluntarily hand over the evidence that you need. You can still get it, however, by following the Kentucky Rules of Civil Procedure and requesting the information through court-approved procedures such as depositions, interrogatories, and requests for production of documents.

Get the Information You Need to Protect Your Child’s Rights

You must make your requests for evidence in a legally compelling way in order to get the daycare to cooperate. An experienced daycare injury lawyer can help you do that and can help you protect your child’s rights to a full and fair recovery. To learn more about how this works and about how to get the information that you need, please start a live chat with us now or call us at any time. We are here to provide you with a free consultation about your rights and to work with you to protect your child’s future.

Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky
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