Chicago Daycare Accident Lawyer

Seek Compensation for Child Injuries at Daycare Centers in Chicago

A Chicago daycare accident lawyer from our team is here to help families whose children have been injured due to daycare negligence or unsafe conditions. We represent parents across the city in cases involving negligence, abuse, and serious injuries.

Whether the injury happened at a neighborhood daycare, a private home, or a facility connected to a public school, Chicago Injury Center is committed to holding negligent parties accountable and helping families seek compensation for the harm their children have suffered. Book a free consultation today!

Settlements Recovered by Our Chicago Law Firm

At Chicago Injury Center, our experienced lawyers have successfully handled a wide range of daycare and school-related injury cases, securing life-changing results for families across Illinois. We understand how devastating it is when a child is hurt due to negligent supervision or unsafe conditions, and we fight to hold responsible parties accountable.

Here are a few examples of recent settlements that reflect our commitment to pursuing full compensation for injured children and their families.

$7,150,000 – Child Injured by Construction Debris

Nine-year-old Lena was exiting her school building when a piece of roofing material fell from above and struck her shoulder. The construction debris, dropped by a roofing contractor working onsite, caused a rotator cuff injury and led to a diagnosis of reflex sympathetic dystrophy (RSD).

Lena faced years of physical therapy, chronic pain, and limited use of her arm. The $7.15 million settlement reflected the severity of her long-term complications, the contractor’s apparent negligence, and the impact on the victim’s life and future.

$1,100,000 – Daycare Drop Resulting in Pelvic Fracture

Two-year-old Aria fell from a changing table at a daycare center after a staff member left her unattended. The fall resulted in a fractured pelvis and a long, painful recovery. Her parents brought a claim against the facility for inadequate supervision and daycare negligence.

We helped the case settle for $1.1 million. This outcome highlighted the serious responsibilities daycare employees carry when caring for young, vulnerable children.

$1,000,000 – Child Falls Down Unsecured Stairwell at Childcare Center

Five-year-old Jaxon was playing at a childcare center located in a commercial building when he fell through an unsecured stairwell, suffering a significant leg injury. The injury required surgery and left him with lasting mobility challenges.

The investigation revealed that the stairwell lacked basic safety measures. We obtained the $1 million settlement from the contractor operating the childcare facility, holding them accountable for failing to ensure safe conditions in an area where children were regularly present.

What Makes Us the Best Chicago Daycare Injury Lawyers

At Chicago Injury Center, our top-rated Chicago personal injury lawyers have decades of experience handling complex child injury cases involving daycare negligence, abuse, and unsafe conditions.

We’ve recovered millions for injured children and their families and are recognized by Super Lawyers and the Million Dollar Advocates Forum. Families choose us because we know how to build strong cases, hold negligent parties accountable, and fight for full and fair compensation.

Types of Daycare Injury Cases We Handle

Our top Chicago child injury lawyers represent families in a wide range of cases involving serious injuries to children at daycare centers. When trusted caregivers act negligently or recklessly, the consequences can be devastating. Our experienced lawyers fight to hold daycare facilities accountable for the harm caused to vulnerable children under their care.

Accidents Due to Daycare Negligence

These cases arise when staff members fail to provide adequate supervision, follow safety protocols, or respond appropriately to known hazards. When those failures lead to a child being hurt, the facility may be held responsible for the resulting harm.

Playground Injuries

Children can suffer fractures, concussions, or worse due to faulty equipment, lack of supervision, or unsafe surfaces on swings, slides, or climbing structures—often preventable with proper monitoring and maintenance.

Slip and Fall Accidents

Wet floors, loose rugs, cluttered walkways, or uneven surfaces inside daycare facilities can cause slip and fall accidents that result in head injuries, broken bones, and other serious harm to young children.

Choking and Suffocation Incidents

Children may choke on small toys, food, or plastic bags. Inadequate supervision and failure to follow age-appropriate safety guidelines can lead to life-threatening suffocation or brain damage from lack of oxygen.

Falls from Changing Tables or Cribs

If a child is left unattended on a changing table or improperly secured in a crib, even a short fall can lead to head trauma, neck injuries, or other serious complications.

Unsafe Sleep Practices

Negligent practices like placing babies on their stomachs, failing to check cribs for safety, or ignoring signs of infant distress can result in suffocation, sleep apnea complications, or sudden medical emergencies.

Burns and Scalds

Children can suffer painful burns from hot food, bottles, cleaning chemicals, or contact with unprotected radiators, heaters, or kitchen appliances, often due to a lack of safe protocols and supervision.

Medication Errors

Mistakes like giving the wrong dosage, medicating without parental consent, or administering a drug meant for another child can cause allergic reactions, overdoses, or other dangerous health outcomes.

Transportation-Related Injuries

Children may be injured in daycare vans or buses due to improper car seat use, lack of supervision during loading or unloading, or unsafe driving during daycare-sponsored field trips and transport.

Improper Use of Restraints

Misuse of high chairs, infant swings, or bouncers—such as failure to secure harnesses—can lead to falls, strangulation risks, or injuries from tip-overs, especially when children are left unsupervised.

Daycare Abuse

Abuse in daycare settings can be devastating and often goes unnoticed until serious harm has occurred. Our top Chicago daycare injury lawyers handle cases involving physical, emotional, and sexual abuse, working quickly to protect children and hold all negligent parties accountable.

Physical Abuse

Includes hitting, grabbing, shaking, or inflicting other physical harm. Even minor injuries can signal dangerous patterns of behavior by daycare staff and may require immediate investigation and legal action to protect other vulnerable children in the facility.

Verbal Abuse

Yelling, shaming, insulting, or threatening children can leave lasting emotional scars. Verbal abuse may not show physical signs but can lead to fear, anxiety, and long-term psychological trauma in young children who cannot fully express what they’ve endured.

Sexual Abuse

Any inappropriate sexual contact, exposure, or exploitation by staff or other children is grounds for urgent legal action. These are among the most severe cases we handle and often involve criminal investigations alongside civil personal injury claims.

Neglect

Failing to provide proper nutrition, hygiene, medical care, or emotional attention is considered daycare neglect. This can lead to developmental delays, physical illness, and emotional harm, especially when signs of abuse or injury are ignored or hidden.

Isolation or Improper Punishment

Withholding food, using confinement, or restraining children as punishment can cause both physical pain and emotional distress. These methods are never appropriate in a licensed daycare setting and may violate state childcare regulations and child abuse laws.

Injuries Caused by Other Children

If daycare staff fail to intervene during aggressive behavior, the facility may still be liable. Rough play, hitting, or unsafe interactions can cause serious injuries, especially if staff are distracted or out of sight during the incident.

Biting and Scratching

If children bite or scratch repeatedly and staff do not respond appropriately, this may indicate a failure in supervision. Unaddressed aggression can lead to infections, scarring, or emotional harm, particularly when patterns are ignored or improperly documented.

Bullying or Harassment

Persistent verbal or physical bullying that is ignored by daycare staff may create a hostile environment. Even at a young age, repeated mistreatment can damage a child’s confidence, cause withdrawal, or result in emotional trauma that requires therapy.

Peer-On-Peer Sexual Misconduct

Lack of supervision in bathrooms, napping areas, or free play can lead to inappropriate contact between children. Facilities have a duty to prevent these incidents and may be held liable for negligent supervision if misconduct occurs under their watch.

What Are the Most Common Causes of Accidents in Daycare Facilities in Chicago?

Accidents in Chicago daycare facilities often happen because of inadequate supervision, unsafe environments, or employee negligence.

Common causes include overcrowded classrooms, poorly maintained equipment, unqualified or inattentive staff, and failure to follow safety protocols. Other risks include wet floors, unsecured furniture, unsupervised access to hazardous items, and improper handling of children during activities or transitions.

Many daycare facilities can prevent injuries with better staff training, routine safety checks, and adherence to state guidelines set by the Illinois Department of Children and Family Services (DCFS).

What Are the Most Common Injuries Children Sustain at Chicago Daycare Centers?

Children at Chicago daycare centers often suffer injuries that range from minor to life-altering.

Common injuries include broken bones, head trauma, cuts, bruises, and sprains, usually caused by falls, unsafe play equipment, or rough handling. More serious incidents may involve burns, choking, or suffocation.

In cases of abuse or neglect, children may experience emotional trauma, internal injuries, or long-term developmental delays. Even seemingly minor incidents can lead to lasting consequences if not addressed promptly and adequately.

What Damages Can Injured Children Recover in Chicago?

In Chicago, children injured at daycare may be entitled to damages covering both economic and non-economic losses.

This includes medical expenses, future care needs, and rehabilitation costs. Families can also pursue compensation for pain and suffering, emotional distress, and permanent disabilities. If the injury affects the child’s future ability to earn income, lost earning capacity may be included.

In extreme cases involving abuse or gross negligence, courts may award punitive damages to hold responsible parties accountable.

What Is the Average Daycare Accident Settlement?

Daycare injury settlements vary widely depending on the circumstances of each case. Recent data by Law.com shows that the average settlement amount is $450,806. Reported settlement values range from as little as $4,500 to as much as $3.1 million.

These figures reflect a wide range of injuries and legal outcomes. Several variables affect how much a family may recover after a daycare-related injury:

Severity of Injuries

Minor injuries may result in lower settlements, while serious harm—such as brain damage, fractures, or spinal cord trauma—often justifies significantly higher compensation.

Evidence of Negligence

The more evident the proof that the daycare provider failed to meet safety obligations or properly supervise children, the stronger the case for a larger recovery.

Medical Expenses

Settlements usually account for both current and future medical costs, including surgeries, physical therapy, counseling, and other necessary treatments.

Long-Term Impact on the Child

If the injury causes developmental delays, permanent disability, or behavioral changes, the value of the case may increase dramatically.

Pain and Suffering

Emotional distress suffered by the child and their family—including anxiety, nightmares, or trauma—can be factored into non-economic damages.

Parental Economic Losses

If a parent must miss work or reduce hours to care for their child’s injury, those lost wages may also be included in the claim.

Insurance Coverage Limits

The amount of liability insurance the daycare facility carries can affect the ceiling for any financial recovery.

Legal Representation

Having an experienced daycare injury lawyer often results in stronger settlement negotiations and higher payouts, especially when building a case for negligence.

Each case is unique, and settlement values depend on a combination of legal, financial, and emotional factors. Families pursuing a claim should work with an experienced attorney who understands how to calculate full and fair compensation based on the child’s injuries and the daycare facility’s conduct.

Notable Case Examples

$3.1 Million Settlement – Child Permanently Disabled from Alleged Shaken Injury at Daycare

Two-year-old Eduardo Gonzalez suffered permanent brain damage and blindness after allegedly being violently shaken by a man helping at an in-home daycare sponsored by the Tulare County Office of Education (TCOE).

The plaintiff argued that TCOE failed to supervise the daycare properly and enforce anti-nepotism policies. Eduardo now requires 24-hour care, cannot walk or speak, and is fed through a tube. The case settled for $3.1 million, with TCOE contributing $3 million and the accused individual contributing $100,000 before trial.

$202,400 Jury Verdict – Child Mauled by Dog at Home Daycare

Four-year-old Benjamin Caples suffered severe facial and scalp injuries when a dog attacked him while he was being supervised at a home daycare. The provider left him unsupervised, violating state regulations.

Benjamin received over 200 stitches and is expected to need future hair transplants due to scarring. The family claimed negligence and unsafe daycare conditions. A Carroll County jury awarded $202,400, including damages for pain and suffering, past medical care, and projected future treatment needs.

$38,000 Settlement – Broken Arm at Daycare and Alleged Cover-Up

J.G., a preschooler, sustained a broken arm while enrolled at Magnolia Park Daycare in Georgia. His mother alleged the injury was caused by physical mishandling and that staff attempted to cover up the incident.

Claims included negligent hiring, supervision failures, and ignoring prior safety issues. The daycare’s insurer settled the case for $38,000. Though the defendants denied wrongdoing, the lawsuit raised serious concerns about staff qualifications, inadequate reporting, and a pattern of daycare facility negligence.

Why You Need a Daycare Injury Lawyer

Cases involving daycare injury are emotionally complex and legally challenging. Proving negligence, identifying all negligent parties, and navigating liability between daycare providers, corporate owners, and insurers requires experience. In Chicago, these cases may be filed in Cook County Circuit Court and often involve extensive records, witness interviews, and expert testimony.

An experienced Chicago daycare injury lawyer understands how to build a strong claim, protect the child’s interests, and pursue the whole compensation families need for recovery and long-term care.

How Common Are Daycare Accidents?

Child care plays a central role in many families’ lives across the U.S., with roughly two-thirds of infants enrolled and more than 30% receiving full-time care. Yet these settings are linked to more serious incidents than expected. For example, although fewer than 9% of SIDS deaths should happen in daycare, the rate is closer to 20%.

A review by Child Care Aware of America reported 1,362 daycare-related child deaths from 1985 to 2003, 1,030 of them in home-based care. This figure doesn’t include deaths from SIDS or those in informal childcare settings, and experts believe the real number is likely much higher due to inconsistent tracking and underreporting.

As of 2014, only 38 states required licensed daycare facilities to report child fatalities. Twelve states didn’t require reporting for center-based care, and 11 failed to mandate reporting in family daycare settings.

What Legal Obligations Do Daycare Providers Have in Illinois?

In Illinois, daycare facilities are subject to strict legal requirements under Illinois Administrative Code Title 89, Part 407, which outlines licensing standards for daycare centers. These standards are enforced by the Illinois Department of Children and Family Services (DCFS) to help ensure children’s safety and well-being.

Some of the core legal obligations include:

• Supervision: Children must be supervised at all times by qualified staff who meet age-specific caregiver-to-child ratios.
• Background checks: All daycare employees must undergo criminal background checks, fingerprinting, and checks through the Child Abuse and Neglect Tracking System (CANTS).
• Staff training: Caregivers must complete health and safety training, including CPR, first aid, and training on SIDS, shaken baby syndrome, and mandated reporting.
• Safety protocols: Facilities must maintain a clean, hazard-free environment with safety checks on equipment, indoor/outdoor areas, and sleeping arrangements.
• Incident reporting: Providers are required to report suspected abuse or neglect immediately under the Abused and Neglected Child Reporting Act (325 ILCS 5/).

What Laws Govern Daycare Accident Claims in Chicago?

Daycare injury claims in Chicago fall under a mix of state statutes, local ordinances, and established case law.

The Illinois Child Care Act of 1969 (225 ILCS 10/) governs licensing and oversight of child care providers throughout Illinois, setting safety, staffing, and training requirements. Additionally, DCFS Rule 407 (Title 89, Part 407) outlines standards for daycare environments, including supervision, staff-to-child ratios, and facility safety protocols.

In Chicago, the Municipal Code requires that daycare businesses maintain proper licenses and follow health and safety regulations. When a daycare center or provider violates these regulations, they may be held liable for injuries under Illinois tort law (745 ILCS 10/).

One notable case is Gonzalez v. Tulare County Office of Education, where a toddler suffered permanent brain damage due to alleged abuse. A $3.1 million settlement was reached, demonstrating how violations of daycare safety standards can result in serious legal consequences.

How Long Do I Have to File a Daycare Injury Lawsuit in Chicago?

In Chicago, most daycare injury lawsuits must be filed within two years from the date of accident, as outlined in 735 ILCS 5/13-202. However, because the injured party is a minor, Illinois extends the deadline to two years after the child turns 18 under 735 ILCS 5/13-211.

Deadlines may be shorter if the daycare is affiliated with a public entity. Our personal injury attorneys can help ensure your claim is filed on time.

Who Is Legally Liable for Daycare Injuries in Chicago?

Legal liability for accidents in daycares can fall on several parties depending on the circumstances.

Daycare facilities may be held liable for failing to supervise children. Facility owners can be liable for unsafe premises or violations of safety regulations. Employees may face liability for direct negligence or abuse. If the daycare operates under a larger organization or is state-funded, government entities or contracted management companies might also be accountable.

An experienced attorney from our team can help identify all negligent parties.

Common Defenses in Daycare Accident Cases

Common defenses in cases involving daycare accidents include blaming the child’s own behavior, denying knowledge of the hazard, or claiming the injury was unforeseeable. Some providers argue they followed all safety regulations or that a third party caused the harm.

Our team counters these by using witness statements, inspection records, staff training logs, and expert testimony to show a pattern of negligence. A top-rated Chicago daycare injury lawyer can expose these defenses and build a strong case for liability.

How to Strengthen Your Daycare Accident Case in Chicago

To strengthen your case in Chicago, take immediate steps after the incident. Seek medical care right away and ensure all injuries are documented. Report the accident to the daycare center and request a written incident report.

Take photos of the scene and any visible injuries. Preserve clothing or items involved and gather contact details for witnesses. Avoid discussing the case with daycare staff or their insurers.

Finally, consult a personal injury attorney experienced in daycare accident cases to help protect your child’s rights and pursue fair compensation.

How a Chicago Child Injury Lawyer Can Help

A Chicago daycare injury lawyer helps families by handling every part of the legal process, from investigating how the accident occurred to identifying all liable parties. We gather medical records, consult experts, and calculate damages such as medical bills, future care needs, and emotional distress.

An experienced attorney negotiates with insurance companies and, if necessary, represents your child’s interests in court. Throughout the case, we work to secure full and fair compensation while keeping your family informed and supported.

Chicago Daycare Accident FAQs

How much does a daycare injury attorney cost in Chicago?

Our personal injury attorneys work on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if they recover compensation for you. This structure allows families to access experienced legal help without taking on financial risk during an already stressful time.

Who can file a daycare accident claim in Chicago?

In Chicago, a parent or legal guardian can file a claim on the child’s behalf. If a child suffers serious injuries due to a daycare provider’s negligence or abuse, the adult responsible for their care can pursue a personal injury claim to recover medical expenses, future care costs, and emotional damages.

What evidence do I need?

Important evidence in a daycare injury case includes medical records, photos of the injuries, incident reports, witness statements, and documents from the Illinois Department of Children and Family Services (DCFS). Surveillance footage, daycare policies, and staffing logs can also help prove negligence or abuse occurred in the facility.

What if I signed a waiver?

Even if you signed a waiver, it doesn’t prevent you from filing a claim if your child was injured due to negligence or abuse. In Illinois, waivers do not protect daycare centers from liability for gross negligence or intentional harm. An experienced attorney can evaluate your rights.

Can I sue if my child gets hurt at daycare?

Yes. If your child suffers injuries because of unsafe conditions or employee negligence at a daycare center, you may be entitled to file a personal injury claim. These cases can help seek compensation for medical bills, pain and suffering, and future care needs resulting from the accident.

Can I sue a daycare center for emotional abuse?

Yes. Emotional abuse, such as verbal attacks, humiliation, threats, or isolation, can have lasting effects on a child’s mental health. Abused children and their parents may have grounds for a lawsuit. An experienced daycare injury lawyer can assess the evidence and file a claim.

What to do if your child comes home from daycare with bruises?

Take photos of the injuries, seek medical care, and document what your child says. Report your concerns to the Illinois DCFS and consult a Chicago child injury lawyer. Bruising may signal abuse or lack of supervision, and early action can help protect your child and hold negligent daycare providers accountable.

Can a school be liable for child injuries?

Yes. Public and private schools, like daycare centers, have a legal duty to protect students. If a child is hurt due to unsafe premises, improper supervision, or staff negligence, the school may be liable. A personal injury lawyer can help identify the negligent parties and pursue a claim under Illinois law.

Should I file a police report if my child was injured at daycare?

Yes. If you suspect abuse or criminal conduct, contact local law enforcement and file a report. You should also report the incident to the Illinois DCFS. A police report creates an official record and can be crucial evidence in your personal injury case or child abuse investigation.

How do I choose a safe daycare for my child?

Start by reviewing DCFS licensing records and inspection reports. Visit the facility in person, ask about staff qualifications, child-to-caregiver ratios, and safety protocols. Look for secure premises, clean conditions, and positive caregiver interactions. Trust your instincts and prioritize open communication with the daycare staff to ensure your child’s safety.

Seek Justice with a Chicago Daycare Injury Lawyer Near You!

If your child was injured at a daycare center, the Chicago Injury Center is here to help. Our top-rated Chicago daycare injury lawyers offer dedicated legal representation with no upfront costs—we work on a contingency fee basis, meaning you don’t pay any legal fees unless we win.

Schedule a free case consultation today to discuss your case and learn your options. Contact us to protect your child’s rights and pursue the compensation your family deserves.