What to Do When Your Child Has Been Harmed in Someone Else’s Care

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Situation

Your child was injured while they were in someone else’s care.

• Were they injured at school? A daycare?
• Was another child injuring your child?
• Did an employee or the business owner injure your child?

Goal

Find out who is responsible for your child’s injury and make them pay for your child’s damages.

Factors

• Who injured your child?
  • If your child was injured by the care provider, owner, or an employee of the business, it may be possible to file a lawsuit against them.
• Where was your child when they were injured?
  • If your child was injured at school or a daycare, it may be possible to pursue legal action against the school/daycare.

Steps

• Figure out who injured your child and where they were injured.

As you can see there are many different situations that can result in your child being injured while in someone else’s care. In most situations, you’ll be able to pursue a personal injury claim. Filling out a free case review form allows for a case evaluation to determine responsibility for your child’s injury.

Finding out that your child has been injured while in someone else’s care is every parent’s nightmare.

Whether the abuse occurred at daycare, school, camp or juvenile facility, you are outraged. But do you know what to do in that critical first week to ensure your child recovers – and the responsible parties are held accountable?

Here’s the truth:

Parents who do the right things early greatly improve their chances of receiving justice for their child.

Here you will learn exactly what parent legal action entails and how to sue those who hurt your family.

Let’s get into it.

Here’s what’s covered:

• Understanding The Scale Of The Problem
• Immediate Steps After You Discover Harm
• Building Your Case With Evidence
• How To Take Legal Action

Understanding The Scale Of The Problem

Child abuse in care settings is more common than most parents realize.

Statistics are staggering. In 2024 alone, 1,773 children died from abuse and neglect in the U.S., according to the National Children’s Alliance. Those are just deaths…

What about the kids who survive?

Administration for Children and Families publishes annual data on maltreatment. The reports detail hundreds of thousands of children affected each year. There have been severe abuse cases involving care facilities of all types: daycares, group homes, youth stations, and juvenile halls.

Here’s the good news:

Parents DO have legal recourse. If your child was harmed by a facility, the law allows action to be taken. Many parents have already initiated parent lawsuits against juvenile facilities and other providers of care.

That even includes juvenile detention centers. There have been families who have decided to file a lawsuit when they discover their child was sexually abused while in the custody of the state. Parent legal action cases like these have paved precedence.

In highly regulated municipalities such as New York City, the Health Department found 68 severe injuries at group day care programs in 2024.

The moral of the story? This can happen at any school – and parents need to be prepared to speak up.

Immediate Steps After You Discover Harm

Time matters a lot in these situations.

The initial 24-48 hours following your discovery that your child has been victimized will likely set the tone for what happens next. Please read below about what needs to occur immediately:

• Seek medical attention: Even if injuries seem insignificant, it is important to have a doctor’s visit documented.
• Notify authorities: Call your local police department and state child protective services agency (if available).
• Take your child home: Do not return him/her until the issue has been completely resolved.
• Keep records: Take pictures, save texts and email, and journal your child’s words right away.

Don’t wait.

Hotels tend to tidy up their stories quickly. The quicker you move the less time they have to cover up what happened.

Talking To Your Child

This part is really hard for most parents.

Surviving children may find it difficult to speak up about what happened to them. They may feel frightened, ashamed or guilty. Take care how you bring it up. Phrase things as open questions like “how was your day?”

If your child does share something, believe them.

Don’t accuse them of lying. Allow them to talk and take notes later about what they told you. You could use those notes as evidence against them in the future.

Building Your Case With Evidence

Strong evidence is what turns a bad situation into a winning case.

Many facilities and their insurance carriers will deny everything. That is why evidence is so important. From day one you should be gathering the following evidence:

• Medical records documenting all injuries and treatments
• Photos and videos of any visible marks or injuries
• Witness statements from staff members, other parents, or children
• Facility records including licensing history and past complaints
• Communication logs such as text messages, emails, and voicemails

Pretty straightforward, right?

But there’s one more thing that most parents forget…

Check For Past Complaints

Facilities that hurt children often have a history of it.

Search public records, your state’s licensing databases and news archives to see if there have been any previous complaints about the facility. Several states have online databases that detail past citations and violations as well as lawsuits filed against caregivers.

If your facility has had similar complaints, that’s golden for your case. This demonstrates the injury wasn’t isolated – it was recurrent and allowed by the facility.

Bonus tip: Communicate with other parents who have children enrolled in the same facility. You’ll be amazed how many times other parents have seen things but never said anything.

How To Take Legal Action

Now for the big question: how do you actually take action?

Taking legal action against your parent can be scary. Remember that it’s easier if you think of it in small steps.

Here’s how it usually goes:

1. Talk to a lawyer: Talk to a lawyer who specializes in child abuse and personal injury cases.
2. Case evaluation: The attorney evaluates your evidence and informs you of the type of case you have.
3. Filing the complaint: Your lawyer files the official paperwork with the court.
4. Discovery phase: Both sides exchange evidence and take depositions.
5. Settlement or trial: Most cases settle, others go to full trial.

It can take months, if not years, so don’t expect instant results. When effective, however, it creates true accountability.

Choosing The Right Lawyer

Not every lawyer is a good fit for these sensitive cases.

Find someone familiar with previous child abuse cases and knows how nursing/homes operate. Your lawyer should:

• Offer a free case evaluation
• Work on contingency (no fee unless you win)
• Have a track record of similar cases
• Communicate clearly and often

Ask questions. Get references. Don’t hire an attorney who won’t listen to you.

Final Thoughts

No parent should ever have to face a situation like this.

However should the unthinkable occur, taking legal action is one of the strongest steps you can take – for your child’s recovery, and for preventing anyone else’s child from suffering the same harm. Filing a claim holds more than monetary rewards. It holds a parent’s search for accountability.

Here’s a quick recap:

• Act fast when you first discover the harm
• Get medical records and document everything
• Gather evidence and check for past complaints
• Work with a specialised lawyer to take action

Your child deserves justice. Please read below about how you can help them get it.