As a father, I understand that when our children are injured, our parental instincts take hold and we spring into action. These injuries are even more devastating & infuriating if the injuries occur at a facility that’s supposed to be watching our children.
If daycare neglect occurs, we have the right to get angry and also to pursue legal recourse.
What Defines Daycare Neglect?
The American Medical Association defines neglect as “an act or failure to act that results in serious harm or imminent risk of harm.” Many types of injuries could fit under this definition, but one example would be an unsupervised child getting injured on the playground.
At the law office of J. Antonio Tramontana, we understand the sensitivity of these claims, and are dedicated to providing professional and discrete legal services to families in need. If necessary, we’ll help you contact the appropriate authorities, and provide legal recommendations if you decide to file a claim.
Criminal vs. Civil Charges
Criminal charges and civil cases are both options if a child gets hurt due to neglect. After the authorities have been notified, the government may decide to pursue criminal charges. Sometimes justice can be served by putting the neglectful operators behind bars; but, depending on the evidence, sometimes nothing can be done. And unfortunately, criminal charges will not compensate the child’s family for their pain and suffering.
So regardless of the criminal case, children’s families may also pursue a civil case to hold the accused financially accountable as well. Compensation could be awarded for physical and emotional suffering, medical expenses, and any other justifiable costs.
Heed the warning signs and regularly inspect the condition of any facility or home providing care for your child. If your child was injured at a school or daycare, we want to hear your story, and we’re happy to answer any questions you may have. You can contact us at 318-340-1515 or TramontanaLaw.com
Ovarian cancer is rare, accounting for just 1.3% of new cancer cases in the U.S. However, Johnson & Johnson, a pharmaceutical company worth an estimated $70 billion, is paying millions of dollars in damages to plaintiffs across the country that allege the company’s talcum powder and bathing products caused their ovarian cancer. In February 2016, […]
In February of 2017, Jamie Lynn Spears’ 8-year-old daughter was in a traumatic ATV accident on her family’s Kentwood, Louisiana property. The child, Maddie, suffered critical wounds when she swerved her off-road vehicle in order to avoid a drainage ditch, reported TMZ, citing the Sheriff’s Department of Tangipahoa Parish. Louisiana’s state laws regarding ATVs currently […]
According to the most recent census data and an economic news release by the Bureau of Labor and Statistics (BLS) of more than 4,600 occupational fatalities in 2014, Louisiana ranked 12th among all states, accounting for 120 fatalities caused by events or exposures pertaining to specific occupations. 120 Occupational Fatalities in Louisiana Of the 120 […]
Access to justice in Louisiana, particularly for poor or minority citizens, has been a problem for decades. Louisiana has consistently limited funding for public defenders and, as a result, has left thousands of defendants without proper representation. To mitigate the judicial crowding, some parishes have ordered non-criminal lawyers to represent the indigent. In some cases, […]
Today’s legal professionals practice law similarly to the way they did 100 years ago. Of the many professional trades that rely on intelligent technologies, legal practice is one area that has been slow to adapt despite the obvious synergy between the two. The legal profession is defined by rules and evidence, criteria that pair well […]
Nursing home residents have the same rights and freedoms as anyone else. Yet, the institutional setting they live within combined with the disabilities that placed them in the institution can result in a loss of dignity and the absence of proper care. In 1987 Congress enacted the Nursing Home Reform Law which acts as the […]
When you suffer a personal injury in Louisiana, the clock starts to tick immediately, counting down the time you have to file a lawsuit that would allow you to seek reparations for any damages, expenses, or loss of income suffered as a result. Time limits for civil lawsuits are called the Louisiana Statutes of Limitations […]
In the State of Louisiana, drivers are required by law to report accidents that either result in injuries or in damages of over $100. Damages- whether physical or property- can be deceptively expensive, so we suggest reporting all accidents. When you play it safe and legal and call police to file a report after a […]
In an effort to combat distracted driving, New York is proposing legislation that will make it legal for law enforcement to use a "textalyzer" on the phones of drivers after an accident. The textalyzer, which allows police to determine if the driver was texting at the time of the accident, will make it much easier […]
Open container laws prohibit the presence of any type of unsealed container that contains or contained an alcoholic beverage. They can include bottles, cans, and flasks as well as other types of containers inside vehicles...