Should I file a lawsuit if I have already filed a complaint against a Kentucky daycare?

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A lawyer agrees to handle a daycare abuse caseYes. Complaints filed with the Kentucky Division of Regulated Child Care are important, but they won’t have the same outcome as a daycare abuse or negligence case that you file on behalf of your child who has been hurt.

Possible Outcomes of a State Investigation

Kentucky regulations set forth the penalties that may be imposed on a daycare center that is found to have violated specific safety regulations. A child care center that is found to have violated a safety regulation will be issued a statement of deficiency that explains the violation. Daycare providers that are found to have committed a:

  • Type A violation must correct the violation within five working days and are subject to a civil penalty of no more than $1,000 per violation.
  • Type B violation must provide a written corrective action plan with 10 days and are subject to a civil penalty or no more than $250 for each occurrence.

Any civil penalties will be paid to the Kentucky State Treasurer and not directly to the children who were hurt.

Possible Outcomes of a Civil Lawsuit

While complaints are important and may result in dangerous violations being fixed, they will not result in your child’s fair compensation for any injuries that your child suffered. In order to get your child the recovery that he deserves for past, current, and future healthcare costs, out-of-pocket costs, pain, suffering, and other damages, you will need to pursue a civil lawsuit on behalf of your child.

Our experienced daycare injury lawyers can help you understand your legal options and take the necessary steps to protect your child’s future. We will make sure that complete investigation is done and that your child’s rights are protected whether or not the state has already investigated any allegations of wrongdoing.

To learn more, we encourage you to read our free report, A Parent’s Guide to Daycare Injury Cases: How to Obtain Justice When a Kentucky Facility Harms Your Child, and to contact us directly at any time to schedule a free, no-obligation consultation.