Entrusting a daycare facility with the safety and well-being of your child is one of the most significant decisions a parent can make. When that trust is broken due to negligence, the emotional and financial fallout can be overwhelming. If your child has been harmed while under professional care, you likely have many questions, such as how you can hold the facility accountable and what kind of recovery is available to your family.
In Georgia, personal injury law allows parents to seek “damages” intended to make the victim whole again. At Simon Bridgers Spires, we understand that no amount of money can undo the trauma of a childhood injury, but it can provide the resources necessary for your child’s recovery and future security.
Here is a detailed look at the types of compensation you can recover in an Atlanta daycare injury lawsuit.
Medical Expenses: Immediate and Future
The most common form of compensation in a daycare injury case is coverage for medical bills. Because children are still developing, a seemingly minor injury can have long-term physiological consequences. Compensable medical expenses include:
- Emergency Services: Ambulance fees and ER visits immediately following the incident.
- Hospitalization and Surgery: Costs for stays, procedures, and specialist consultations.
- Therapy and Rehabilitation: Physical therapy for bodily injuries or speech/occupational therapy if a brain injury occurred.
- Future Care: If the injury results in a permanent disability, a life-care planner may be used to calculate the cost of medical needs for years to come.
Pain and Suffering
In Georgia, “pain and suffering” is a broad legal category that accounts for the physical pain and mental anguish a child endures. Unlike medical bills, there is no receipt for pain, making this a complex area of valuation.
For a child, this might include the fear of returning to a school setting, the physical discomfort of a broken limb, or the trauma associated with permanent scarring. Because children often lack the vocabulary to express their internal distress, our Atlanta child daycare injury attorneys work closely with medical experts and child psychologists to demonstrate the full impact of the injury on the child’s quality of life.
Mental Anguish and Emotional Distress
While pain and suffering cover the child’s physical experience, Georgia law also recognizes the profound emotional toll an injury takes on the family unit. Severe daycare injuries—especially those involving abuse or gross neglect—can lead to PTSD, anxiety, and sleep disturbances. Compensation can be sought to cover the costs of psychological counseling to help the child process the trauma and regain a sense of safety.
Special Damages: Out-of-Pocket Costs
When a child is injured, the parents often incur secondary financial losses that are recoverable under Georgia law:
- Lost Wages: If you had to take unpaid leave from work to stay in the hospital with your child or transport them to daily therapy appointments.
- Travel Costs: Mileage and parking for visits to specialists or rehabilitation centers.
- Home Modifications: In cases of catastrophic injury, the cost of making a home accessible (such as ramps or specialized medical equipment).
Punitive Damages
In rare cases where the daycare’s conduct was exceptionally reckless, malicious, or showed an “entire want of care,” the court may award punitive damages. Unlike other categories meant to compensate the victim, punitive damages are intended to punish the wrongdoer and deter others from similar behavior. This might apply if a facility knowingly hired a staff member with a history of violence or consistently ignored state-mandated safety ratios despite prior citations.
Proving Liability in Atlanta Daycare Cases
To recover these damages, you must prove that the daycare facility breached its “duty of care.” Daycare centers in Georgia are regulated by the Department of Early Care and Learning (Bright from the Start). Violations of these state regulations—such as inadequate supervision, faulty playground equipment, or failure to perform background checks—often serve as the foundation for a successful lawsuit.
How Simon Bridgers Spires Can Help
Navigating a legal claim while caring for an injured child is an immense burden. The legal team at Simon Bridgers Spires specializes in protecting the most vulnerable members of our community. When you partner with our firm, we handle the heavy lifting:
- Investigation: We secure surveillance footage, interview staff members, and obtain state inspection records to determine exactly what went wrong.
- Expert Consultation: We work with pediatric medical experts to ensure your child’s future needs are fully calculated so you don’t settle for less than they deserve.
- Aggressive Advocacy: Insurance companies for daycare centers often try to shift blame or minimize the injury. We stand firm against these tactics to ensure your family’s rights are protected.
If your child has been injured due to daycare negligence in Georgia, you don’t have to face the legal system alone. Contact us today to schedule a free consultation. Let us help you seek the justice and compensation your child deserves.