There are over 3200 daycare centers in Georgia, and each one is supposed to follow strict rules to keep kids safe. This means teachers and staff have to watch the kids all the time, make sure the playground and classrooms are safe, and handle medicines properly.
There are also laws in Georgia that stipulate that daycare centers must provide a safe place for children. This includes watching kids during playtime, keeping toys and equipment safe, and making sure staff are trained and careful. When a daycare doesn't do these things and a child is hurt, parents can take legal action.
A daycare injury settlement aims to compensate the child and their family for the damages caused by the negligence of the daycare staff.
How Does the Legal Process for Settlement Work?
Most of the time, the goal is to make a settlement first, because that's faster, less stressful, and usually better for the family.
A settlement is when the family's lawyer and the daycare (or their insurance company) try to agree on an amount of money that is fair, considering all that the child has suffered (and may possibly suffer in the future). Now, this money is supposed to cover everything, and by everything, we mean the hospital bills, the medicine, any future doctor visits, the time the parents had to miss from work, and even the stress and worry the family went through.
As for the procedure, the lawyer will first gather all the proof. That means medical records, photos of injuries, accident reports, and even statements from people who saw what happened. After that, the lawyer sends a demand letter.
Then comes the part called negotiation. The daycare's insurance company usually starts by offering a small amount, hoping the family will just say yes and be done with it. But a good lawyer never lets that happen, of course.
Sometimes these negotiations take a while. There might be phone calls, meetings, or even mediation. Mediation is when both sides sit down with a neutral person (the mediator) who tries to help them find a middle ground. If it works, then the case is settled, and the family gets the money they need sooner to take care of their dear child.
But if the daycare or their insurance just refuses to be fair, and if they keep saying no or keep offering way less than what the family should really get, then a trial is inevitable.
How Does Negligence Affect Daycare Injury Settlements in Georgia?
Here's how negligence actually changes the settlement amount:
Grievous mistakes attract hefty fines
If a daycare clearly broke the rules, like leaving a child unsupervised near stairs, the settlement can be much higher. Georgia takes this very seriously because kids' safety is a top priority.
Preventable negligence attracts hefty settlements
In Georgia, if a teacher gives the wrong medicine or doesn't notice a kid choking, the daycare can be responsible. That increases the settlement because it shows the injury could have been prevented.
Negligence type changes the settlement value
Some negligence is considered more severe by Georgia courts. Not watching a child who wanders off or leaving them unsupervised near a pool is taken very seriously. Unsafe playgrounds or abuse by staff also increase the settlement.
Emotional impact and therapy costs
Negligence in a daycare can scar a child mentally, too, causing them to act out in fear and sometimes anger. They might not want to go back to daycare, or they get nightmares, or they just feel nervous and start throwing unexplainable tantrums that you can't control all the time. In most cases, seeing a therapist could be the solution to help them find peace again.
In Georgia, the daycare can be told to pay for that therapy because the injury caused those feelings.
Repeated negligence attracts punitive damages
If the daycare messes up once, the law might look at it and think, “Okay, maybe it was a mistake.” But if they keep messing up, if they keep not watching kids, not locking doors, or not training workers, the law could use that as a yardstick to punish them significantly and punitively too.
Summary Points
- Daycare centers are mandated by law to provide a safe environment for kids while away from home.
- Failing to protect the child can attract hefty settlement amounts.
- Several factors can increase the settlement amount, including the gravity of the negligence, how preventable it was, and whether the daycare has a track record of negligence.
