Raleigh Child and Day Care Abuse Lawyers

Child and Day Care Abuse Lawyers Serving North Carolina

Under North Carolina law, children and their parents have the right to receive compensation for injuries caused by the mistake, negligence, recklessness, or intentional actions of a teacher or day care. Our experienced Raleigh day care abuse injury lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

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Our Raleigh Day Care Abuse Settlements and Verdicts:

Raleigh Day Care Abuse and Neglect Claims

Proving civil liability in abuse claims in North Carolina, or in any jurisdiction, is a complex process that involves gathering evidence, presenting a compelling case, and navigating the legal system. In most cases, you’ll need an experienced lawyer to assist with the investigation, prosecution, and settlement of these claims. The general process of proving liability is as follows:

1. Identifying the Abuser

• Establishing the Abuser's Identity: One of the initial steps in abuse claims is identifying the alleged abuser. This can be straightforward in some cases but may require investigation in others. Many day cares and schools have surveillance systems, but video evidence of the abuse has a suspicious way of disappearing in many cases unless or until a lawyer gets involved.

2. Gathering Evidence of the Abuse

Building a strong case relies heavily on collecting compelling evidence to support the claim. Evidence may include:

• Victim Statements: Statements from the victim regarding the abuse, its impact, and any related details.

• Witness Statements: Statements from individuals who may have witnessed the abuse or have knowledge of it.

• Medical Records: If applicable, medical records can provide evidence of injuries or psychological trauma resulting from the abuse.

• Documents and Records: Any relevant documents, such as emails, text messages, or records from institutions where the abuse occurred, can be valuable.

• Expert Testimony: Expert witnesses, such as medical professionals or psychologists, can testify to the victim's physical or psychological injuries and their connection to the abuse.

3. Establishing Liability of the Abuse

To prove liability in abuse claims, it is generally necessary to demonstrate the following elements:

• Duty of Care: Show that the alleged abuser owed a duty of care to the victim. For example, a school has a duty to protect students from abuse.

• Breach of Duty: Prove that the abuser breached their duty of care by engaging in abusive behavior.

• Causation: Establish a causal link between the abuser's actions and the victim's injuries or harm.

• Damages: Demonstrate that the victim suffered actual damages as a result of the abuse, which may include physical injuries, emotional distress, medical expenses, or other losses.

4. Potential Defenses for School or Day Care Abuse

It's important to anticipate and address potential defenses that the alleged abuser may raise, such as:

• Statute of Limitations: The defendant may argue that the claim is barred by the statute of limitations. In North Carolina, the statute of limitations for abuse is typically 3 years. However, for minor children, those claims may survive until they turn 18 years old. Do not wait longer than 3 years to bring a claim unless you’ve spoken with an experienced lawyer first.

• Consent: In some cases, the defendant may claim that the victim consented to the alleged abusive conduct.

• Contributory Negligence: The defendant may argue that the victim's own actions contributed to the harm suffered. However, for young children, this defense is rarely applicable or viable. You can learn more about contributory negligence here.

• Immunity: Depending on the circumstances, certain individuals or institutions may have legal immunity from liability. Many public schools in North Carolina have some level of immunity for lawsuits related to teacher abuse. Experienced student abuse lawyers know how to navigate immunity defenses. You can learn more about school immunity here.

5. Filing the Lawsuit Against the Day Care or SChool

Once the evidence is gathered, and the legal basis for the claim is established, a lawsuit can be filed in the appropriate North Carolina court. The complaint should outline the allegations, the legal theories, and the requested remedies (usually monetary damages).

Warning Signs of Child Care and Day Care Abuse in Raleigh, NC

To address day care abuse liability, it is crucial to recognize the signs of abuse or neglect. These signs can vary but may include:

Physical Injuries:

Unexplained bruises, cuts, burns, or fractures.

Behavioral Changes:

Sudden shifts in behavior, such as withdrawal, aggression, or fearfulness.

Regression:

Reverting to younger behaviors, such as bedwetting or thumb-sucking.

Excessive Fear:

Fear of a particular person, place, or activity.

Changes in Sleep or Appetite:

Nightmares, night sweats, or a loss of appetite.

Inappropriate Sexual Behavior:

Demonstrating sexual knowledge or behaviors inappropriate for their age.

Neglect:

Poor hygiene, malnutrition, or inadequate supervision.

Emotional Distress:

Unexplained crying, anxiety, or depression.

Keep in mind that most young children cannot verbalize or explain what kind of abuse they’re suffering. They also might not be aware that they’re the victims of abuse or that the behavior in unwanted and inappropriate. For young children, many of the signs of abuse and maltreatment may seem like regular or ordinary developmental changes. For example, sleep regression is not uncommon in children aged 2-3, but it can also be a sign of abuse by a childcare worker. For all of the reasons, as a parent, if you suspect something is wrong, it is critical that you confront the teacher, school, or organization and explain your concerns. A parent’s intuition is rarely wrong, so you do have to trust your gut.

Common Causes of Day Care Abuse and Neglect in Raleigh, NC

Our Raleigh injury lawyers know that day care abuse and child neglect cases are difficult to predict. Maltreatment can be accidental, occur no reason at all, or be part of a long pattern and practice of abuse. But based on our experience, the most common causes of day care abuse in North Carolina include:

• Inadequate teacher/staff training and retraining

• Inadequate teacher/staff supervision

• Inadequate policies, procedures, and safety practices

• Inadequate hiring standards and background checks

• Inadequate enforcement of policies

• Misunderstanding of North Carolina Child Care Laws

• Outdated mindsets related to discipline and how to appropriately interact with children

The Best Raleigh Day Care Abuse Attorneys Will:

• Thoroughly investigate your accident

• Explain your options

• Guide you through the claims process

• Negotiate with the at-fault party and its insurance company

• File a lawsuit if necessary

• Above all else, fight for you

North Carolina Child Care Laws and Rules

In an effort to provide children with a safe and nurturing environment, North Carolina has developed extensive rules, regulations, and laws that relate to child care facilities in the state. These laws were put in place to outline safe forms of discipline, rules and requirements related to child safety, training requirements, and how to safely operate a child care facility. The rules and statutes can be found here.

Though this rulebook is a very clear guide of what childcare workers can and cannot do, day cares still frequently violate these rules and laws. In our experience, many day care administrators don’t even know these rules exist or how to research them. It’s unsurprising in those cases that abuse of children is present at those facilities.

How to Report Day Care Abuse in Raleigh, NC

If you suspect that a child is being abused or neglected, you should contact the proper authorities to make sure the abuse doesn’t continue. Anyone can call the Division of Child Development at 919-662-4499 or 1-800-859-0829 and make a report of suspected child abuse or neglect in a child care operation. Reports can be made anonymously. In addition, North Carolina law requires any person who suspects child abuse or neglect to report the case to the county department of social services.

How to Find North Carolina Day Care Inspection Results and Rule Violations

Day cares in North Carolina are subject to periodic and surprise inspections by North Carolina Department Health and Human Services. These “monitoring reports” are public records, which can be viewed online here. This database is an invaluable resource to check on your child’s current or prospective child care facility to see its history of compliance with North Carolina’s child care laws.

After finding the child care facility, you’ll see a tab that refers to “DCDEE Visits.” Once clicked, it will expand and show inspection dates by DHHS and whether violations were observed during those visits.

What to Do After Suspecting Abuse or Neglect at a Day Care in Raleigh, NC

If you suspect that a child is being abused or neglected in a day care setting in North Carolina, it is essential to take immediate action:

Contact Authorities like DHHS or CPS:

Report your concerns to the local Department of Social Services (DSS) or Child Protective Services (CPS).

Document Evidence of the Abuse:

If possible, document any evidence, such as photographs of injuries or written accounts of incidents.

Seek Medical Attention:

If the child has visible injuries, seek immediate medical attention.

Contact Law Enforcement:

If you believe a crime has been committed, contact local law enforcement authorities.

Contact a Day care or School Abuse Attorney:

If you suspect abuse and want to explore potential legal recourse, consult with an attorney experienced in day care abuse cases.

Raleigh Day Care Abuse and Neglect Stats

The abuse of children in day cares and schools is an unfortunate reality in North Carolina. For many, deciding to leave and entrust your child in the care of another person or organization is already difficult and fraught with emotion. So it is even more devastating to learn that your child has been the victim of abuse or maltreatment by a teacher, administrator, or staff member. It is important to keep in mind that day care abuse can come in many forms, including neglect, physical abuse, sexual abuse and psychological abuse of the child. The maltreatment of children occurs more than you might believe, it’s almost never an isolated or single incident, and it’s rarely caught or reported the first time it happens.

According to American Society for the Positive Care of Children, more than 7 million children are reported to be abused every year. In North Carolina alone, more than 117,000 children every year are reported as being the victims of abuse or neglect. Though only a small percentage (<10%) occur in a childcare setting, that still means thousands of victims are created each year in North Carolina day cares and schools.

We understand how traumatic a childhood abuse, neglect, and maltreatment can be for the victim and victim’s family.  Not only does abuse sometimes cause lasting or permanent physical injuries, but the emotional trauma is also common and significant – especially for young children.  These psychological injuries only impact the target of the abuse, but also their entire family.

That’s why our North Carolina injury lawyers offer victims and their families free case evaluations to educate them about North Carolina law and what legal options a victim may have to get financial compensation.  If you or a loved one were abused by a teacher, childcare worker, or organization, call our experienced Raleigh child abuse lawyers for help.

Day Care Abuse Prevention Tips for Raleigh Parents

No child should ever experience or suffer abuse by a caregiver, and parents are limited in what they can do to prevent abuse at a day care or school. However, studies have shown that the risk of day care abuse can be reduced when parents take these preventative measures:

Carefully Selecting Day care Facilities

Day cares in North Carolina are subject to periodic and surprise inspections by North Carolina Department Health and Human Services. These “monitoring reports” are public records, which can be viewed online here. This database is an invaluable resource to check on your child’s current or prospective child care facility to see its history of compliance with North Carolina’s child care laws. If a facility fails to regularly comply with child care laws, it suggests poor training or poor operating standards that could increase the risk of abuse, neglect, or maltreatment.

Maintaining Open Communiation with Caregivers

Regular and frequent interactions with a child’s caregivers can also reduce the risk of maltreatment or abuse. Abuse is frequently uncovered first by other caregivers at the day care.

Educating Children About Appropriate Touch and Safety

It is important to educate children and let them know that they are in control of who touches their bodies and how. Some groups suggest using this model for children: “I don't want you to jump up and down on me. Please stop.” Likewise, it is important to immediately respect their wishes not to be touched in certain ways to teach children that adults or authority figures don’t control how or when they are touched.

Damages Our Day Care Abuse Attorneys Could Help You Recover in Raleigh, NC

The personal injuries you suffered may entitle you to monetary payments and compensation.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh injury lawyers are:

• Medical bills paid/reimbursed

• Future medical expenses

• Lost wages and income for time you missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Permanent disability, scarring, or disfigurement

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

Why Do You Need a Lawyer for Day Care Abuse in Raleigh, NC?

Navigating day care abuse liability cases in North Carolina can be challenging due to the complexities of the legal system and the emotional toll on the victims and their families. Seeking legal representation from an experienced attorney is critical to ensuring that the rights of the victims are protected, evidence is preserved, and the case is pursued diligently.

That is why you need an experienced injury lawyer like those on our team at Osborn Gambale Beckley & Budd, PLLC.  Our day care abuse attorneys in Raleigh, NC have a proven track record of success representing abuse victims and their families throughout North Carolina and South Carolina.

How Do I Find the Best Raleigh Day Care Abuse Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

Schedule a Free Consultation With Our Raleigh Day Care Abuse Lawyers Near You

We offer free consultations for victims to learn about their rights to compensation. We can help you and your family recover compensation for medical bills, lost wages, and conscious pain and suffering. There is no obligation to sign up with our firm, but if we accept your case, we pay the upfront costs and expenses of litigation so you do not have to.  We also only get our legal fees paid, and the litigation expenses reimbursed, if we recover compensation for you in a settlement, verdict, award, or another type of payment. To learn more, please contact us today to schedule your appointment.