It is unthinkable that a child could die while in daycare, yet it does happen. Thankfully, it is not a common occurrence, although the exact statistics are largely unavailable. It’s difficult to know exactly how many infants and toddlers have died from daycare accidents as there is a scarcity of reliable information. This is due to the wildly uneven reporting of daycare injuries and deaths from individual daycare facilities. Most states receiving federal daycare funding are required to report each time a child is seriously injured in a daycare facility, yet there is little monitoring of those requirements. Regulators rely on providers to self-report incidents—something many daycare facilities simply don’t do. 

The death of a child in a daycare facility can be a heartbreaking tragedy, and during such a traumatic time, your grief may be overwhelming. However, it’s important to note that sometimes negligence on the part of daycare staff can be a contributing factor. If this has happened to you, contacting a skilled Illinois daycare wrongful death lawyer from Finney Injury Law is crucial. Our compassionate attorneys possess extensive knowledge and experience in these cases and will investigate the accident, collect evidence and hold the negligent party accountable for their actions.

Why Choose Finney Injury Law as Your Illinois Daycare Wrongful Death Lawyer?

Choosing an Illinois daycare wrongful death lawyer following the death of your child can seem like an overwhelming, even impossible task. Further, a monetary settlement is likely the furthest thing on your mind during this difficult time. It is important, however, that a daycare that has exhibited negligence that resulted in a wrongful death be held accountable. This type of accountability helps ensure such a tragedy never occurs again. A monetary settlement can also help your family move forward, perhaps even allowing you to create a memorial for your child. 

A highly skilled Illinois daycare wrongful death lawyer from Finney Injury Law will handle all the legalities surrounding your wrongful death claim with sensitivity and compassion. Our law firm has more than 100 positive reviews and is available 24/7. We offer free consultations and virtual visits when it is difficult for you to travel. With both English and Spanish-speaking attorneys, we are deeply involved in our communities. Unlike many law firms, we have an Award-winning trial lawyer with the experience and knowledge necessary to fight for our clients throughout a trial to ensure a just verdict.   

What Are Some of the Most Common Fatal Daycare Injuries?

Many types of daycare injuries could result in death. Severe head or neck injuries can occur from a fall, perhaps from a crib, or when the child climbs onto furniture or cabinets, or from playground equipment. These head or neck traumas can be fatal in some instances. 

A child can choke on foods like grapes or hot dogs or may choke on a small toy or other small object. Choking can also be fatal if the object is not quickly removed from the child’s airway. 

A child can fall from a height, causing internal injuries or puncturing the skin and causing severe bleeding—either of which can be fatal when it takes too long for medical assistance to arrive. 

Chemical ingestion can cause a child to stop breathing, scarring the lungs, and leading to death. A chemical spill on the skin can cause a severe burn that can sometimes be fatal. Thermal burns caused by a flame, a hot substance, or a hot surface can cause burns that are so severe they become fatal. 

When there is a swimming pool at the daycare—even a small “kiddie pool,” a child can easily drown, and, in fact, drowning is one of the primary causes of child fatalities. 

An overdose on medication—even a medication prescribed for the child—can be fatal. The same could be said for when a child gets into the medicine cabinet and ingests medication meant for an adult. 

No matter what caused the fatality, speaking to a compassionate, knowledgeable Illinois daycare wrongful death lawyer from Finney Injury Law can be your best course of action during this traumatic time. 

What Are the Illinois Laws Related to Wrongful Death?

The personal representative of the estate may bring a wrongful death claim in Illinois. The court will award damages to the survivors of the estate to compensate the survivors for financial losses associated with the death, but also for intangible losses suffered by family members—in this case, parents and siblings. While some states cap the amount of damages that can be awarded to a plaintiff in a wrongful death claim, Illinois has no such limits. 

Each state has a statute of limitations that governs how long plaintiffs have to file a wrongful death claim. In the state of Illinois, the statute of limitations for most wrongful death claims is two years from the date of the person’s death. If the Illinois daycare wrongful death claim involves criminal charges, a wrongful death claim may be brought one year after the criminal case is completed when the person who caused the death was charged with first or second-degree murder, intentional homicide, voluntary manslaughter, involuntary manslaughter, reckless homicide, or a drug-induced homicide. 

How Can a Daycare Be Held Liable for Your Child’s Injuries or Death?

If your child’s daycare was negligent or ignored basic safety rules, resulting in your child’s death, you can sue the daycare for wrongful death. Many parents sign a “waiver,” that releases the daycare from liability in the event of an injury or death to a child. If you’ve signed such a waiver, this does not mean you are barred from suing the daycare. These waivers generally only protect daycare facilities when an accident occurs that was not due to negligence or ignoring the safety of the children. It is important that you speak to an experienced Illinois daycare wrongful death lawyer from Finney Injury Law to determine how you can hold the daycare liable for your child’s injuries or death. 

Why Should You Choose an Illinois Wrongful Death Lawyer Near You to Help Your Family?

Choosing an Illinois wrongful death lawyer near you to help your family following the wrongful death of your child can be an important decision. Once you speak to a lawyer from Finney Injury Law, we believe your decision will be easy. Our attorneys have significant experience in wrongful death cases and cases involving daycare negligence. We will fight for you and your family during this tragic time, handling all the legal aspects of your case while you are allowed to grieve and determine how to move forward. While we are based in St. Louis, we are also licensed to practice across the state of Illinois. Don’t hesitate to contact Finney Injury Law today.