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Shaken baby syndrome is a condition where a baby experiences brain damage and related symptoms due to being shaken. Babies have very limited cushioning inside their heads to protect their brains, and any amount of violent shaking can cause a level of brain damage. This is something to always look out for, especially when placing your child in the care of others.

If your child goes to daycare and you notice the signs of shaken baby syndrome, you may be able to take legal action against the daycare. They have a responsibility to keep your baby safe; the key is building a strong case by working with a personal injury law firm like Kash Legal. Here is what you need to know about suing a daycare for shaken baby syndrome.

Can I Sue the Daycare?

Yes, you can sue the daycare for shaken baby syndrome and other injuries. When they take in your baby, daycares have a responsibility to keep them safe. Therefore, any injuries they sustain while under the daycare’s care can be a potential lawsuit. 

Suing a daycare for shaken baby syndrome can be a difficult case to handle. Not only are there a lot of emotions that go into the case, but also proving a facility caused it can be difficult since the evidence is usually well hidden. However, nothing is stopping you from filing the lawsuit and potentially winning. You just need to have a good legal team on your side if you do decide to sue.

What Evidence Do I Need to Sue a Daycare?

If you suspect that your baby has shaken baby syndrome because of their daycare, seek medical attention right away. When you consult with a lawyer, they can provide more information about what evidence they need and get that evidence for you. However, there are a few things that they would commonly use. 

Doctor Reports and Statements

The first thing that they will look for is a statement or report from a doctor that shows that your baby does have shaken baby syndrome. The doctor will keep a copy of their report and can provide it to the lawyer if needed. That way, your lawyer can establish before the court that damage was actually done, not just implied. This is often the first step in any case. 

Evidence From the Daycare

Your lawyer will also look for evidence that the daycare is responsible. This could include video camera footage since most daycares have cameras inside. Statements from other parents or staff members can be good evidence, too. Your lawyer will take charge of gathering the evidence and building your case. All you have to worry about is providing information when asked and taking care of your baby.

What Compensation Can I Expect to Receive if I Win?

The purpose of filing a lawsuit against the daycare in the first place is to seek compensation for injuries. That way, you have some level of financial support to get your baby the ongoing medical care that they need. That compensation can help offset the unexpected medical costs that you have now because of the daycare’s negligence. 

Every case is different and the amount of compensation that you can expect to receive varies. However, you can expect to include damages for personal injuries in your lawsuit. Personal injury claims are designed to seek compensation for things like medical expenses related to your baby’s injuries and ongoing care needs. 

Your lawyer can give you a more detailed list of exactly what medical expenses need to be covered in the claim, but you can expect to include:

  • Initial doctor’s visits 
  • Emergency care
  • Costs for medical assessments
  • Physical therapy
  • Ongoing care costs (i.e., medical aids, etc.)        

Ensuring that you note damages for all applicable costs is important since it determines the amount of compensation you can receive. Many people forget to include the long-term cost of their recovery. Your baby may need ongoing care that is not covered by insurance or other means. By filing a personal injury claim, you may receive financial help with your medical expenses. This can relieve a lot of stress since you’ll be able to afford the medical support your baby needs.                                                                      

What Do I Do Next? Contact a Personal Injury Lawyer

If you suspect that your daycare gave your baby shaken baby syndrome, the next step is to contact a lawyer. That daycare can be held accountable for their actions, which can also help you cover the medical costs of getting your baby treatment. 

With the right legal team on your side, you may be able to collect the compensation that your baby deserves. Contact Kash Legal by calling us at (888) 527-4128 or filling out our contact form to arrange a free consultation. Let us fight for you and your baby.

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