Raleigh Child and Daycare Abuse Lawyers

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.

Our Raleigh Daycare Abuse Settlements and Verdicts:

Raleigh Daycare Abuse and Neglect Claims

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.

Daycare abuse cases most commonly take the form (or some combination of):

Physical abuse

Hitting, punching, shoving, improper discipline or restraints

Emotional Abuse

Yelling, deprivation of food or play, improper use or duration of timeouts

Neglect

Leaving children unattended, not providing adequate access to nutrition or water, failing to provide prescribed medications, failing to to change diapers and soiled clothing

Common Injuries Caused by Daycare Abuse and Neglect in Raleigh, NC

Some of the most common injuries and damages from daycare abuse and neglect in North Carolina that our Raleigh daycare abuse lawyers can help you handle include: 

• Significant scarring and disfigurement

• Skull fractures

• Nerve damage

• Bruising

• Dislocated shoulders or separated shoulder

• Facial injuries

• Torn rotator cuff or SLAP tears in the shoulder

• Poisoning from chemical/cleaning solvent ingestion

• Infections and sepsis

• Head injuries from falling

• Broken bones or fractured bones, including spiral fractures

• Wrongful death, and

• Other serious and catastrophic injuries caused by daycare abuse and neglect in North Carolina.

Damages Our Raleigh Daycare Abuse Attorneys Could Help You Recover

The personal injuries your child suffered may entitle them 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

A Guide to North Carolina Daycare Abuse Claims

Proving liability in abuse claims in North Carolina can be a complex process that involves gathering evidence, presenting a compelling case, and navigating the legal system. In most cases, you’ll need an experienced daycare lawyer to assist with the investigation, prosecution, and settlement of these claims.

Unfortunately, there is little reliable or correct information about daycare abuse claims that is available to the public, which causes confusion about the accident process and hurts injury victims’ chances for recovery. For instance, some people believe that corporal punishment is allowed in North Carolina daycares. So to clear up the rumor mill about daycare abuse injuries, here’s what our team of Raleigh daycare abuse lawyers believe you should know:

1. What Should I Do If I Suspect Abuse or Neglect at a Daycare in North Carolina?

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. The most important steps to take after the incident are:

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.

2. How Do I File a Daycare Abuse Claim in Raleigh, NC?

As described in further detail below, a daycare abuse case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.

The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.

3. Will My Daycare Abuse Claim Go to Trial in Raleigh, NC?

95% of daycare abuse cases, according to government statistics, resolve before needing to go to trial. The vast majority of daycare injury cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.

• The insurance company doesn’t want to set a precedent for settling your type of daycare abuse accident lawsuit.

• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.

• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh daycare abuse attorney can help prepare you for what to expect.

4. How Much Will My Daycare Abuse Claim Settle for in Raleigh, NC?

There’s no way to precisely value your claim, but an experienced daycare abuse injury attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like a teacher spraying a student with bleach spray, our team or Raleigh daycare abuse lawyers obtained a settlement of $250,000 even though our client had less than $5,000 in medical bills and damages.

5. Can My Child Be Found Responsible for Daycare Abuse or Neglect Injuries in Raleigh, NC?

The short answer is no. While North Carolina does follow the doctrine of contributory negligence, which could prevent an injured party from recovering damages from your accident if a jury believes you are partially to blame, children under the age of 7 are deemed incapable of being negligent for their own injuries. Because children in daycare are largely younger than 7 years of age, a child’s level of “fault” is never considered in these cases.

However, it is necessary to show that the daycare and its teachers, staff, or administrators were responsible for your child’s injuries. That could be as simple as a failure to supervise your child and prevent your child from injuring themselves.

6. How Long Does a Daycare Abuse Claim Take to Reach a Settlement in Raleigh, NC?

A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Daycare abuse cases involve specialized investigations and coordination with North Carolina DHHS in order to fully and thoroughly explore these claims and identify the teachers and staff involved.

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

7. How Long Do I Have to File a Daycare Abuse Claim in Raleigh, NC?

There is limited amount of time you have to file a claim, also known as the statute of limitation. However, for claims brought on behalf of children (the child’s own pain and suffering and future medical needs), the timeline to file a claim is actually very long. The child has until 3 years after the child turns 18 years of age. Claims on behalf of the child can be brought sooner, but they require the parties to seek Court approval of the minor settlement.

However, the parents for a child abused at a daycare might have their own claims, particularly for the cost of medical care and expenses incurred as a result of the child’s injuries. In North Carolina, parents have 3 years from the accident or injury to bring a claim for a minor’s medical expenses. For accidents that resulted in death, you have 2 years from the date of the death. However, for cases involving children, the statute does not begin until the children reach 18 years of age. There is no wiggle room or do-overs when it comes to deadlines to file a daycare abuse claim, so it is in your best interest to get a Raleigh daycare abuse attorney involved as early as possible after your accident.

8. What Is the Process for a North Carolina Daycare Abuse Injury Claim?

Daycare liability in North Carolina is determined by the state's laws and regulations, which outline the rules and guidelines for determining who is responsible for damages and injuries resulting from abuse or neglect. That includes the North Carolina Child Care Laws.

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. 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).

9. How Much Does a Daycare Abuse Lawyer in Raleigh, NC Charge?

Many Raleigh daycare attorneys - including our firm - will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.

10. What Does a Daycare Injury Lawyer Do to Help?

Hiring an experienced Raleigh daycare abuse can provide you with numerous benefits. Injury attorneys who are experienced with daycare cases know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Good North Carolina daycare injury attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, an injury lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your child’s recovery.

11. What Are the Warning Signs of Daycare Abuse and Neglect in Raleigh, NC?

To address day care abuse liability, it is crucial to recognize the signs of abuse or neglect. 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. 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.

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.

12. What Happens After I File a Daycare Abuse Claim in Raleigh, NC?

In a North Carolina daycare injury lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina daycare accident lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

3. What is the Average Settlement for a Daycare Claim in Raleigh, NC?

There’s no way to precisely value your claim, but an experienced dog bite attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like a daycare teacher who hit, pushed, and pinched an 18-month-old child, our team of Raleigh daycare abuse lawyers were able to recover $262,5000 on behalf of the minor child.

14. What Are the Common Causes of Daycare Abuse and Neglect Incidents in North Carolina?

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

15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

16. Why Is Daycare Abuse and Neglect So Common in Raleigh, NC?

• Day cares are frequently short-staffed, which leads to insufficient supervision of teachers and staff

• Because taking care of children seems uncomplicated, day cares rarely take training seriously (which leads to unsafe behavior and discipline)

• Caring for children is hard and stressful, but day cares frequently hire unsuitable candidates to work there

• Abuse and neglect take many forms, and many teachers and staff (because of inadequate training) don’t understand that pinching, spraying, yelling, or depriving children of food/water are serious forms of abuse.

17. How Do I Report Daycare 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.

18. How Do I Find North Carolina Daycare Inspection Results and Rule Violations?

Daycares 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. 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.

19. Why Do I Need a Lawyer for Daycare 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.

19. 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.

20. Where Can I Find North Carolina’s 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 are important for every parent to review.

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.

Daycare Abuse Prevention Tips for Parents in North Carolina

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.

Raleigh Daycare Abuse and Neglect Statistics

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.

Free Daycare Abuse Case Evaluation

If your child is the victim of abuse at school or a daycare (or if you suspect abuse), our experienced Raleigh daycare abuse lawyers are available to help.

Raleigh Daycare and Child Abuse Claims We Handle

We can help with any daycare abusee or injury claim, but the accidents listed below are the most common child and daycare claims we handle in North Carolina:

• Physical abuse

• Hitting/pinch

• Neglect

• Changing table injuries

• Violations of North Carolina Child Care Laws

• Children left unattended

• Insufficient staff/student ratios

• Maltreatment

• Improper discipline

• Corporal punishment

• Unsafe chemical storage

• Improper restraints

Raleigh Daycare Abuse Lawyer Cost

For transparent, upfront pricing on what our Raleigh daycare and child abuse attorneys charge to help you with your accident, please click below.

Raleigh Daycare Abuse
Lawyer FAQs

• Do I Need a Personal Injury Lawyer?

• How Long Do I Have To File a Personal Injury Claim?

• Mistakes To Avoid Following an Accident

• Accidents Involving Children and Minors

• What If I Was Injured After Signing a Release or Waiver?

• What Should I Do If Someone Dies in an Accident?

• What Is Contributory Negligence?

• How Much Does a Personal Injury Lawyer Charge?

Areas Our Raleigh Daycare and Child Abuse Lawyers Serve:

• Raleigh

• Cary

• Durham

• Chapel Hill

• Sanford

• Clayton

• Pittsboro

• North Carolina

• South Carolina

The Best Raleigh Daycare and Child Abuse Lawyers Will:

1. THOROUGHLY INVESTIGATE YOUR ACCIDENT

2. EXPLAIN YOUR OPTIONS

3. GUIDE YOU THROUGH THE CLAIMS PROCESS

4. NEGOTIATE WITH THE INSURANCE COMPANY

5. FILE A LAWSUIT IF NECESSARY

6. ABOVE ALL ELSE, FIGHT FOR YOU

Client Testimonials for Our Raleigh Daycare Abuse Lawyers

• “These folks are absolutely honest and sympathetic. If I ever have a need for legal assistance again they are who I am calling”

• “Osborn Gambale Beckley & Budd PLLC is a model on how firms should operate”

• “Not only an excellent lawyer but a great human being”

• “As thorough and professional as I’ve ever seen”

• “He went out of his way to make sure I understood every detail and navigate through the steps”

Why Our Raleigh Daycare and Child Abuse Lawyers Provide Free Consultations

Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh daycare abuse lawyers always provide free consultations for potential clients

Schedule a Free Consultation With Our Raleigh Daycare Abuse Lawyers

Whether you only suspect abuse or neglect or know that your child was a victim, our experienced daycare abuse attorneys have experience in these cases to help ensure that you recover the maximum amount of compensation that you deserve for your damages.