Posted on April 19, 2018

A child hides from abusive daycare providersIt wasn’t someone’s indifference, it wasn’t a lack of training, and it wasn’t insufficient staffing that led to your child’s injury. Instead, it was the deliberate and intentional abuse of his daycare providers that caused your child to be hurt. That truth—that someone meant to harm your child—can be as devastating as the injuries that your child suffered and it can leave you with a lot of questions. You deserve answers to all of your questions, and, here, our daycare abuse injury lawyers will start answering your questions immediately.

What is the Difference Between Daycare Abuse and Neglect?

Neglect happens when a daycare or a daycare staff member fails to exercise reasonable care to avoid an injury to your child. Neglect can result in serious injuries and may be the basis for a personal injury lawsuit—just like abuse. However, it is not the same as child abuse.

Unlike neglect, abuse is an intentional action on the part of a daycare staff member to commit a certain action or to inflict harm on your child.

What Does Daycare Abuse Look Like?

Not all forms of intentional abuse are the same. Intentional abuse may include:

  • Sexual abuse.
  • Physical abuse.
  • Psychological abuse.

Potential signs of daycare abuse include:

  • Changes in behavior.
  • Changes in eating or sleeping patterns.
  • Visible bruises, cuts, burns, or other marks.

However, not every child who exhibits these signs has been abused, and some children who have been abused will not exhibit any of these signs. Accordingly, these potential symptoms of abuse are things to consider. If you spot these signs, speak with your pediatrician about them so that you can determine the true cause.

What Injuries Can Result From Daycare Abuse?

The specific injuries that your child may suffer from daycare abuse depend on numerous factors such as the type of abuse that occurred, your child’s age, and your child’s overall health. Some of the injuries may include:

  • Traumatic brain injuries.
  • Broken bones.
  • Burns.
  • Internal injuries.

Any injury that was caused by the intentional abuse of a daycare provider may be the subject of a civil lawsuit brought by you, as your child’s parent or guardian, for the benefit of your child.

Why Should I Pursue a Civil Case If a Criminal Case Is Pending?

The Commonwealth of Kentucky may have a criminal case pending against the person who intentionally abused your child, but this should not stop you from pursuing a civil personal injury case on behalf of your child.

The purposes and the potential outcomes of criminal and civil cases are different. When the state brings a criminal case, it is alleging that the defendant broke a criminal law and that the defendant should be punished with a fine, a jail sentence, probation, or another criminal penalty. When you bring a civil case on behalf of your child, you are alleging that the defendant broke a civil law and that your child should recover damages. The damages that are allowed in a civil case include, but are not limited to, past and future medical expenses, out-of-pocket costs, lost income, physical pain and emotional suffering.

When Should I Contact a Daycare Abuse Lawyer?

According to Kentucky statutes, children have the fundamental right “to be free from physical, sexual, or emotional injury or exploitation.” When your child’s fundamental right to be safe from these types of abuses has been violated, then our daycare injury lawyers are ready to fight for your child’s fair and just recovery of damages.

Please contact us as soon as you think that your child has been injured. We will make sure that a full investigation is conducted and that all of your child’s rights are protected. To learn more now, please download a free copy of our report, A Parent’s Guide to Daycare Injury Cases: How to Obtain Justice When a Kentucky Facility Harms Your Child, or contact via this website or by phone at any time to schedule a free, no-obligation consultation.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law