Daycare negligence is what an attorney will try to establish if you sue a daycare facility in court. It may involve instances of daycare neglect or it may involve outright abuse. The main thrust of these cases will be the fact that the daycare facility didn’t come through the way the parents expected and in the way that they had every reasonable cause to believe they would.
Suing for Damages
Parents in this situation sometimes choose to sue for damages. They may sue for the pain and suffering the child has been through and they may sue for their own financial damages that resulted from the daycare being negligent in one regard or another. The attorney will work with them to come up with a figure that is realistic considering the circumstances and that will be based upon how much other people have won in similar lawsuits, as well is in the specifics of the case at hand. The lawyer will basically have two different avenues to seek compensation. They may be able to get a settlement out of the daycare facility that you are suing or they may be able to win in front of a jury.
When a daycare facility believes that you have a particularly strong case and that you would likely win if it went in front of a jury, they may opt to offer you a settlement to get you to drop the case. If this happens, they will simply hand you a check for the amount of money that you agree upon, you pay your legal fees and you are done with the matter. Your attorney will help you to negotiate a sum that is suitable. They will take into account the fact that you will not have to pay any courtroom fees in the event that you receive a settlement.
In many cases, you will be required to actually go to court to have your case heard. If this happens, the attorney will accompany you and will argue your case in front of the jury. You may have to testify at some point during the proceedings. If the jury finds in your favor, they may award use some or all of the damages you are seeking. They may, however, also find against you and declined to offer you any of the money you are seeking in damages from the daycare facility.