The death of a child while in daycare can, understandably, leave parents reeling. As grief consumes your life, you may not immediately be questioning how your child’s injuries occurred. It can be extremely beneficial to have a strong advocate by your side—a skilled Columbia daycare wrongful death lawyer from Finney Injury Law. We will aggressively pursue the answers you deserve, working to determine how such a tragedy could have occurred. If negligence or abuse was involved, we will pursue justice on behalf of you, your child, and your family.

According to USA Today, the “wildly uneven” reporting of daycare injuries and deaths was addressed in 2014 in a federal report which, ostensibly, would require all states to report these incidents. Unfortunately, ten years later, many states have yet to self-report daycare injuries and deaths even though dangerous conditions exist inside daycare facilities across the nation. This leaves parents in an untenable situation following the death of their child while in a Missouri daycare facility.

About Our Experienced Team

Following the death of your child due to a daycare’s negligence, neglect, or abuse, Finney Injury Law is ready to advocate on your behalf, handling all the necessary legalities while you are allowed the time to grieve your loss. At Finney Injury Law, we understand that no injuries resulting in death are alike. We also know there is no greater loss than the loss of a child. We strive to offer compassion and care while keeping you informed about the progression of your wrongful death case.

We believe in accountability and will passionately seek justice for your loss.  If you have questions, we will answer them in a comprehensive, yet easy-to-understand manner. While there are many wrongful death lawyers, we believe that once you have spoken to a Columbia daycare wrongful death lawyer from Finney Injury Law, your choice will be clear. You will receive the following benefits as a respected client of Finney Injury Law:

  • You will receive a free, comprehensive initial consultation.
  • We offer 24/7 availability when necessary.
  • We provide flexible scheduling options with our team.
  • Our English and Spanish-speaking staff strive to make your visit more comfortable.
  • We have many positive Google reviews to support our work.
  • When negotiation is not sufficient to achieve the desired results, we have an award-winning trial lawyer who will fight for the verdict you deserve.
  • Our lawyers and team members are deeply involved with their communities.

What Are Some of the Most Common Issues Related to Daycare Wrongful Death?

If your child was the victim of a daycare accident, negligence, or abuse that resulted in death, the cause of the death may be investigated by local police. A Columbia daycare wrongful death lawyer from Finney Injury Law will conduct a simultaneous investigation to make sure the responsible party is held liable for the death. Some of the more common causes of daycare deaths include:

  • Falls—Fatal falls can result from a baby rolling over while unsupervised on a changing table. Such a fall for a baby or young toddler can cause traumatic brain injuries, spinal cord injuries, and death. Children can also climb onto a tall object inside and fall or fall from playground equipment or a tree outside. Adequate supervision can almost always prevent fall injuries and fatalities at daycare facilities.
  • Being left in a hot vehicle/van is another cause of daycare deaths. According to the National Safety Council, there were 29 child deaths in 2023 resulting from being left in a hot car. On average, 38 children under the age of 15 die each year from heatstroke after being left in a vehicle. Daycare facilities must have foolproof procedures in place that ensure no baby or child is ever left alone in a vehicle.
  • Suffocation of a child can be accidental, or the result of child abuse or neglect. Suffocation can occur when there is a foreign object blocking the child’s airways or from anaphylaxis (a severe allergic reaction), drowning, strangulation, or positional asphyxiation which can occur when a baby is trapped between two objects like a crib and mattress and is unable to breathe.
  • Shaken baby syndrome occurs when a caregiver severely shakes a child, usually in frustration or anger, and often because the child will not stop crying. Permanent brain damage or death can result.
  • Collapsing furniture can cause death when it is large or heavy and is not properly secured. A child can pull on the furniture, pulling the item and its contents over onto them, and potentially causing death.
  • Other vehicle-related injuries that can be fatal include children who are behind a vehicle that is backing out. All children in a daycare facility should always be accounted for before an adult backs a vehicle out of the driveway.
  • Caregiver abuse may take the form of pushing, shoving, hitting, slapping, or kicking. Depending on the situation, this type of abuse can result in death. Caregivers in daycare must always demonstrate self-control while relating to children with patience, acceptance, and respect.

What Are the Missouri Laws Related to Daycare Wrongful Death?

Under Missouri statute § 537.080, a wrongful death is a death that results from “any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled the person to recover damages…” When a daycare employee (or a dangerous hazard in the daycare that should have been corrected by the employee) intentionally or negligently causes the death of a child in daycare, a wrongful death claim may be brought by the child’s parents.

Are Wrongful Death Cases Treated Differently with Children?

As noted, the child’s parents have the right to bring a wrongful death claim against the daycare and should do so within the statute of limitations, which is three years from the date of the death. Parents can claim damages that include funeral and burial expenses, medical bills incurred before the death of the child, pre-death pain and suffering of the child, and mental pain and suffering/emotional distress of the parents. No amount of money can ease the pain of losing a child, however wrongful death compensation can bring justice to parents struggling with their loss. The primary difference in damages between an adult wrongful death claim and the wrongful death claim of a child is that no lost wages and lost future wages can be claimed for the child.

How Hiring a Columbia Daycare Wrongful Death Lawyer from Finney Injury Law Can Help

If you’ve lost a child because of daycare negligence or abuse, you could benefit from speaking to an experienced Columbia daycare wrongful death lawyer from Finney Injury Law. We have extensive negotiation and litigation experience and are compassionate and understanding regarding the death of your child. At Finney Injury Law our highly skilled attorneys will aggressively seek justice on behalf of your child and your family to hold the negligent or abusive parties accountable. Contact Finney Injury Law today following a Columbia daycare wrongful death.