Find out if you have a good case
Parents in Essex County rely upon caregivers at daycare centers to protect the safety of their children on a daily basis. Unfortunately, daycare accidents happen and, while many of these accidents are simply ordinary accidents that all children are susceptible to regardless of who is providing care, other daycare accidents stem from the negligence of the daycare center or daycare center employees. Daycare accidents can be caused in any number of ways, from failure on the part of daycare center employees in supervising your child to failures in proper screening and training of employees at the daycare center level.
At Birkhold & Maider, LLC, our experienced daycare accident lawyers understand that your child’s life can be transformed in the blink of an eye when he or she is involved in an accident. Even if your child recovers from the injuries, the child may face painful rehabilitation that can be much more traumatic for a child than an adult—in some cases, your child may experience permanent deficits or be forced to endure chronic pain that can resurface to impact the child’s life in the future. Our lawyers are here to fight to obtain a compensation award that fully compensates for all costs—both emotional and physical—of your child’s injury. If your child has sustained injuries in a daycare accident in Essex County and you would like to explore your options for recovering financial compensation, call or contact us to schedule a free initial consultation today.
Although some more modern daycare facilities now provide video surveillance of the area in which your child is supervised throughout the day, it remains possible for accidents to happen outside the scope of the video range. If your child sustained injuries in a daycare accident in Nutley or elsewhere in Essex County, after ensuring that your child has received prompt medical care, it can be valuable to:
At Birkhold & Maider, LLC, our skilled lawyers will work tirelessly to fight for your right to recover full compensation for all current and medical expenses, lost wages you have sustained while caring for your child and to account for the pain and suffering the injury has caused. Importantly, after a daycare accident, you should avoid speaking with the daycare center’s insurance companies and never sign any documents or make a formal statement without first obtaining the advice of our experienced daycare accident lawyers.
Many insurance carriers use tactics designed to take advantage of the fact that you may need the settlement funds to provide for care soon after the accident—and may offer an inappropriately low initial settlement offer in the hopes that you will accept before consulting with a lawyer. Once you accept that award, you will be foreclosed from pursuing any additional compensation in the future, making it important to first consult with a lawyer who can explain your right to compensation and help you get medical treatment for your child without paying the out-of-pocket expenses associated with that cost right away.
Your right to recover compensation may be limited by time, but it is important to contact an experienced daycare accident lawyer as soon as possible even if you are not yet certain whether you have a claim for compensation. Evidence is strongest when recovered soon after the accident, so if your child has sustained injuries in a daycare accident in Nutley or elsewhere in Essex County, NJ, call or contact our knowledgeable team of daycare accident lawyers today.
Although these waivers are fairly common, many courts in New Jersey have held that it would be against public policy to enforce them under certain circumstances. Therefore, you may still be entitled to bring a claim for compensation even if you signed a waiver of your rights, but it is important to discuss your specific claim with an experienced daycare accident lawyer who can evaluate the details of the waiver you signed along with the facts of your case to determine whether you have a viable claim.
Negligence per se is a legal theory that would generally apply if the daycare center or daycare center employee was negligent because they broke some type of law that caused your child’s accident. Daycare centers are regulated at the state level and if they fail to adhere to these rules, your claim may be able to proceed based on this theory—which means that the general elements of a negligence claim are simply presumed.
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