What Are Average Daycare Negligence Settlement Amounts?

June 22, 2024Personal Injury

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When parents entrust their children to daycare centers, they expect the highest standard of care and safety. Unfortunately, incidents of negligence occur, sometimes resulting in injuries or even fatalities. Daycare negligence settlement amounts vary considerably. That’s why, at Goldblatt + Singer, we strive to educate families about their rights and help them pursue fair compensation when daycare negligence harms their children.

What Is Daycare Negligence?

Daycare negligence encompasses a wide range of actions or inactions that breach the standard of care parents expect their children to receive. Common forms include:

  • Inadequate supervision
  • Unsafe premises or equipment
  • Failure to follow safety protocols
  • Improper handling of medical emergencies
  • Neglect of basic needs (food, water, hygiene)
  • Physical or emotional abuse

What can you sue a daycare for? Families may have the legal option to recover compensation and hold a daycare facility accountable when one of these negligences harms a child.

Factors Influencing Settlement Amounts

The value of daycare negligence settlements depends on various factors:

  • Severity of Injury – More severe injuries typically result in higher settlements. Permanent disabilities or fatalities often lead to the largest awards.
  • Long-Term Impact – Injuries affecting a child’s future development, education, or earning potential can significantly increase settlement amounts.
  • Medical Expenses – Current and projected future medical costs are crucial in determining compensation.
  • Emotional Trauma – Both the child’s and family’s emotional distress factor into settlement calculations.
  • Facility’s Insurance Coverage – The daycare’s insurance policy limits can affect the maximum available compensation.
  • Strength of Evidence – Clear proof of negligence and its direct link to the child’s injuries strengthens the case for higher settlements.
  • Jurisdiction – Settlement amounts can vary based on local laws and precedents in different states or counties.

Recent Settlement Examples

While every case is unique, examining some recent settlements can provide valuable insight into potential compensation amounts.

A South Carolina childcare center faced severe consequences in 2024 when their alleged failure to follow safe sleep guidelines resulted in an infant’s death. The family pursued legal action and secured a staggering $16 million settlement, underscoring the gravity of the incident and the facility’s apparent disregard for crucial safety measures.

In 2021, a harrowing incident unfolded at a New York daycare when a 7-year-old child experienced a choking episode, leading to brain damage. The mother’s legal pursuit culminated in a $475,000 settlement, illustrating the substantial financial implications that can arise from life-changing injuries in childcare settings.

A 2018 case in Washington state shed light on the power of staff corroboration in daycare negligence claims. Employees stepped forward to confirm children’s reports of mistreatment and isolation, lending credence to the allegations. Their testimony played a pivotal role in the facility agreeing to a $1.3 million settlement, highlighting how insider accounts can bolster cases against negligent childcare providers.

These examples illustrate the wide range of potential settlements, potentially into the millions of dollars, depending on the specific circumstances of each case.

Types of Damages in Daycare Negligence Cases

Settlements typically aim to compensate families for various types of losses, with payments coming in the form of economic, non-economic, and punitive damages.

Economic Damages

Economic damages cover tangible, quantifiable losses resulting from the negligence. These may include:

  • Medical expenses (current and future)
  • Therapy costs
  • Special education needs
  • Lost wages for parents caring for injured children

Calculating economic damages involves gathering medical bills, pay stubs, and expert testimony to project future costs related to the child’s care and treatment.

Non-Economic Damages

Non-economic damages address the intangible losses suffered by the child and family. These may encompass:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Diminished quality of life

Quantifying non-economic damages proves more challenging, often requiring skilled legal representation to articulate the full impact of the negligence on the child and their family.

Punitive Damages

In cases of extreme negligence or intentional harm, courts may award punitive damages to punish the daycare facility and deter similar behavior in the future. While punitive damages can significantly increase a settlement amount, they remain relatively rare in daycare negligence cases.

The Role of Legal Representation

Families facing the nightmare of daycare negligence need and deserve robust legal representation as they pursue a claim against a negligent provider. A St. Louis daycare injury lawyer can:

  • Investigate the incident thoroughly
  • Gather crucial evidence and expert testimony
  • Handle all communications with insurance companies
  • Negotiate for fair settlement amounts
  • Prepare for trial if necessary

Factors Affecting Settlement Negotiations

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Clear evidence of the daycare’s negligence strengthens the family’s negotiation position for a daycare negligence settlement amount. This evidence may include:

  • Surveillance footage of the incident
  • Eyewitness accounts
  • Documentation of safety violations
  • Expert testimony on proper childcare standards

Other factors can also have an impact on settlement negotiations, potentially affecting both the length of time it takes to resolve a claim and the settlement amount:

Sympathy Factor

The emotional impact of a child’s injury can play a role in negotiations and potential jury decisions. Skilled attorneys present compelling narratives that humanize victims and illustrate the full extent of their suffering.

Daycare’s Financial Resources

The daycare’s insurance coverage limits and financial situation can affect settlement amounts. Larger chains or well-insured facilities may have more settlement resources than small, independent daycares.

Jurisdiction Tendencies

Some jurisdictions have reputations for being more plaintiff-friendly or for awarding higher damages. Attorneys familiar with local court tendencies can leverage this knowledge in negotiations.

Family’s Willingness to Litigate

If necessary, the family’s resolve to take the case to trial can influence settlement offers. Insurance companies may offer higher settlements to avoid the uncertainty and expense of a trial.

Contact a St. Louis Attorney Today

If your family has been affected by negligence at a daycare facility, you and your child deserve the support you need to hold the providers accountable. While a settlement can provide the financial recovery your family needs, you also deserve the acknowledgment that your child’s well-being is paramount.

At Goldblatt + Singer, we’ve served St. Louisans for 75 years by providing attentive and aggressive support to injury victims, including those harmed by negligent daycare providers. Our dedicated team will evaluate your case and explain your rights. Our law firm will fight tirelessly to help you secure the compensation your family deserves while you focus on your child’s healing and recovery. Contact us today at (314) 231-4100 for a free consultation.

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