According to dese.mo.gov, under the Child Care and Development Block Grant Reauthorization Act of 2014, daycare facilities in the state of Missouri provided the following statistics:

  • In 2023, there were 13 serious injuries and one fatality reported, along with 15 substantiated acts of child abuse and neglect in licensed daycare facilities.
  • Those numbers differed from 2022 when there was one serious injury, one fatality, and seventeen substantiated acts of child abuse and neglect in licensed daycare facilities.

As a parent who has lost a child as the result of a daycare accident or abuse, you are devastated and probably not thinking of holding anyone responsible. Later, in the future, you may want to do just that, but by that time all the necessary evidence could be long gone. During such a difficult, traumatic time, it can be exceptionally beneficial to contact an experienced Springfield daycare wrongful death lawyer from Finney Injury Law. We will advocate on your behalf, working tirelessly to ensure those responsible are held accountable.

Why Choose Finney Injury Law?

When you have suffered a traumatic event like the death of a child, speaking to an attorney is, understandably, probably the last thing on your mind. The time may come when you want to know how such a tragedy could happen—and who or what is responsible. Was a staff member inattentive, neglectful, or abusive? Were there hazards in the daycare environment that were known and that should have been corrected to ensure the safety of all the children? A Springfield daycare wrongful death lawyer will ensure you get the answers you need and that someone is held accountable for the death of your child.

Our attorneys and staff will treat you with the care and compassion you need and deserve during this difficult time. We have extended availability—24/7—to get you the help you need when you need it. If you are unable to travel to our office, we offer flexible appointment options. With both English and Spanish-speaking staff at Finney Injury Law, we work hard to ensure you are comfortable and cared for. Our firm has many positive client reviews and will answer all your questions in a thorough, yet easy-to-understand manner during your free consultation. While we will always work towards a positive outcome through negotiation, we are also always 100 percent prepared for litigation. With an award-winning trial lawyer on staff who will fight for the verdict you deserve; we will zealously protect your rights and your future.

More About Springfield Daycare Injuries

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

The primary issues related to a daycare wrongful death include:

  • Being left in a hot vehicle/van can cause the death of a child in a relatively short time when the temperatures outside are high. According to the New York Times, approximately 40 children die each year from heatstroke after being left in a hot car, which translates into one child’s death every ten days. Daycare centers must have protocols in place that ensure all children are accounted for at all times.
  • Other vehicle-related injuries can occur when an adult either backs a vehicle out of a driveway or drives forward without first ensuring there are no children in front of or behind the vehicle.
  • Collapsing furniture is sometimes referred to as a tip-over incident. When a bookcase, chest of drawers, television stand, or other large piece of furniture is tipped when a child either pulls on it or climbs on it, it can collapse onto the child.
  • Caregiver abuse can cause death when it is severe, or when a kick, slap, hit, or shove pushes a child into a hard, fixed object, causing a fatal head injury.
  • Suffocation can occur in babies who become trapped between the hard slats of a crib and the mattress or bedding. A baby may be unable to get themselves out of such a situation on their own and could suffocate.
  • Shaken baby syndrome occurs when an angry or frustrated adult shakes a baby forcefully, usually to stop them from crying. Adults must have a level of self-control that allows them to remain patient in the face of a baby’s constant crying.
  • Falls can occur when a young child climbs on top of a tall piece of furniture or is on playground equipment they are too young to be on, then falls from a significant height, causing fatal injuries.

How Can a Daycare Be Held Liable for Wrongful Death?

Determining liability is crucial to a successful wrongful death case. An employee at the daycare center could be liable for the accident or the employer could be liable if he or she did not properly vet an employee or hired an employee despite a negative background check. The company that operates the daycare center or the owner of the daycare center could be held liable, or a governmental agency that oversees the daycare center could be responsible for the wrongful death, depending on the circumstances. In some situations, more than one party could be held liable for the wrongful death. The basic elements of a wrongful death case as far as proving liability include:

  • There was a basic duty of care owed to you and your child
  • That duty of care was breached
  • The breach of duty of care caused your child’s death
  • You and your family suffered damages as a result of the breach of duty of care and the subsequent death

Typical damages in a wrongful death case when a child is the victim include any medical expenses associated with the accident and the child’s death, funeral, and burial expenses, pain and suffering for your child before his or her death, and for you and your family members. In some cases, punitive damages are awarded when the act that resulted in your child’s death was the result of deliberate or malicious acts. 

Are Wrongful Death Cases Treated Differently with Children?

Under Missouri law, the parents of the deceased child may bring a claim for damages against the liable party. In the state of Missouri, there is a three-year statute of limitations for wrongful death claims. This time begins on the date of the death. While most wrongful death claims include calculations and awards for lost wages and lost future wages for the decedent, in the case of a child, the court may look at any past financial contributions and anticipated future earnings. Since this is virtually impossible to calculate on behalf of a child who has never worked, the damages awarded in the wrongful death case of a child are often far lower than those involving a working adult. 

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

When you hire Finney Injury Law, we will help you hold the party responsible for your child’s death accountable under the law and will fight for justice on behalf of you and your child. Once you have spoken to a Springfield daycare wrongful death lawyer from Finney Injury Law we will begin investigating the circumstances of your child’s death, gather evidence, and build a strong case on your behalf. The Finney Injury Law attorneys will diligently support you and your family members following the death of your child. We understand that no two daycare wrongful death claims are alike and that your situation is unique. While remaining compassionate to your situation, we will work hard for you to prove liability as a means of honoring the memory of your child. Contact Finney Injury Law today.