Day care centers can provide parents with the comfort of knowing their children are being cared for while they are at work or attending to other obligations. However, when a day care center’s negligence leads to a child’s injury or death, it can have devastating consequences for the child and their family. If your child has been injured in a day care center in Florida, you may be eligible to recover damages through a personal injury lawsuit.
This article will discuss the different types of damages available in a day care center lawsuit in Florida.
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Types of Damages Available in Florida Day Care Center Lawsuits
When a child is injured in a day care center due to someone else’s negligence, the parents or legal guardians of the child can file a personal injury lawsuit against the day care center to recover damages. There are several types of damages available in a day care center lawsuit in Florida, including:
Medical Expenses
In a day care center lawsuit, parents or legal guardians may seek compensation for medical expenses incurred as a result of their child’s injury. Medical expenses may include the cost of emergency medical treatment, hospitalization, surgeries, and ongoing medical treatment such as physical therapy.
Pain and Suffering
A child who suffers an injury due to a day care center’s negligence may experience pain and suffering. In a day care center lawsuit, parents or legal guardians may seek compensation for their child’s pain and suffering. This can include physical pain, emotional distress, and mental anguish.
Wrongful Death
In cases where a child dies due to a day care center’s negligence, parents or legal guardians may file a wrongful death lawsuit. In a wrongful death lawsuit, damages can include compensation for medical expenses, funeral expenses, lost income, and loss of companionship.
Future Expenses
If a child sustains a permanent injury that will require ongoing medical care, parents or legal guardians may seek compensation for future expenses such as medical treatment, rehabilitation, and therapy.
Loss of Enjoyment of Life
Children who suffer injuries due to a day care center’s negligence may experience a loss of enjoyment of life. For example, a child who sustained a head injury may no longer be able to participate in activities they once enjoyed. In a day care center lawsuit, parents or legal guardians may seek compensation for their child’s loss of enjoyment of life.
Punitive Damages
If a day care center’s negligence is particularly egregious, punitive damages may be awarded in addition to other forms of compensation. Punitive damages are meant to punish the day care center for their conduct and deter others from engaging in similar behavior.
Proving Damages in a Day Care Center Lawsuit
In order to recover damages in a day care center lawsuit, the plaintiff must prove that the day care center’s negligence caused the child’s injuries. This can be done by providing evidence such as witness statements, medical records, and expert testimony.
It is important to note that Florida has a statute of limitations on personal injury lawsuits, including those involving day care centers. In Florida, the statute of limitations for personal injury lawsuits is four years from the date of the injury. If you do not file your lawsuit within this time frame, you may lose your right to seek compensation.
Consult with a Florida Personal Injury Attorney
If your child has been injured in a day care center in Florida, it is important to consult with an experienced personal injury attorney. A skilled attorney can review your case, help you understand your legal rights, and guide you through the legal process. They can also help you understand the types of damages available in a day care center lawsuit and work to ensure you receive the compensation you deserve.