Chicago Daycare Injury Attorney

Experienced Law Firm Helping Families Seek Compensation for Child Injuries at Chicago Daycare Centers

Our experienced Chicago daycare injury attorney team is dedicated to holding negligent parties accountable and securing justice for families whose children suffer injuries while in the care of others.

When families place their trust in Chicago daycare centers, they expect their children to be protected and cared for, not exposed to harm. Sadly, we see far too many cases where inadequate supervision, unsafe conditions, or even daycare abuse lead to devastating consequences. 

From investigating what went wrong to recovering the compensation needed to cover medical expenses, therapy, and the lifelong impact of serious injuries, we fight for children and their families every step of the way. Contact us for a free consultation today!

What Makes Us the Best Daycare Injury Attorneys in Chicago

When your child has been harmed because of daycare negligence, choosing the right attorney can make all the difference. At Rosenfeld Injury Lawyers, our team has the experience, resources, and proven track record to take on daycare centers and their insurers. Families across Chicago trust us because:

• We Get Results for Families – Our law firm has recovered over $450 million in verdicts and settlements, including a $1.1 million settlement for a toddler who fractured her pelvis after falling from a changing table due to inadequate supervision.
• We’re Recognized Leaders – Our attorneys have earned membership in the Million Dollar Advocates Forum, recognition from Super Lawyers, and top ratings from AVVO and the Better Business Bureau.
• We Understand Child Injury Cases – Unlike general personal injury lawyers, we focus heavily on cases involving daycare centers, schools, and other care settings. We know how daycare abuse, physical abuse, or sexual abuse can impact a family, and we have the experience to pursue compensation for both physical and emotional pain.
• We Treat Every Family Like Our Own – We know how devastating it is when a child is injured due to improper supervision or deliberate harm. We work closely with parents and medical experts to build a strong case and hold every negligent party accountable.
• No Fee Unless We Win – We represent families on a contingency fee basis, meaning you owe nothing unless our we recover compensation for your child’s behalf.

When you choose our firm, you’re hiring a top-rated Chicago child injury lawyer dedicated to protecting children and helping families move forward after tragedy.

Types of Daycare Injury Cases We Handle

Physical Abuse

Some daycare workers use inappropriate discipline, crossing the line into physical abuse. Slapping, hitting, shaking, or any intentional harm can leave children with serious injuries and lasting trauma. Our Chicago daycare injury lawyers pursue justice for abused children and hold both the negligent party and the daycare accountable.

Verbal Abuse

Children are vulnerable to emotional harm when subjected to verbal abuse, including yelling, threats, or demeaning language from caregivers. Even when no visible wounds exist, this form of daycare abuse can lead to emotional trauma and developmental issues.

Emotional Abuse

Daycare staff who isolate, intimidate, or ridicule children cause deep psychological scars. We know how devastating emotional abuse can be, and we work with medical experts to document its impact as part of your daycare injury case.

Sexual Abuse

One of the most devastating forms of daycare abuse is sexual abuse. These cases require immediate action to protect the child and pursue justice against abusers and negligent daycare centers. Our Chicago child injury lawyer team has experience handling sensitive cases where children suffer injuries from this kind of exploitation.

Neglect and Inadequate Supervision

When daycare centers fail to provide proper supervision, children face preventable risks. Neglect can lead to accidents, unsafe environments, and an injured child being left without help. From leaving toddlers unattended on changing tables to failing to monitor interactions between children, inadequate supervision is one of the most common causes of daycare injuries.

Playground Injuries

Unsafe playground equipment, lack of soft surfaces, and poor supervision can all result in playground injuries such as fractures or traumatic brain injuries. Our law firm has successfully represented families whose children suffered injuries on daycare playgrounds across Chicago.

Other Acts of Daycare Negligence

Negligence at daycare centers comes in many forms: unsafe facilities, failure to follow health guidelines, improper staff training, or ignoring medical needs. Whether your child suffered from physical pain, emotional trauma, or medical complications, our personal injury attorneys will fight to recover compensation on your child’s behalf.

 What Are the Most Common Causes of Daycare Injuries in Chicago?

Most daycare injuries result from preventable mistakes or unsafe practices at daycare centers. 

Inadequate Supervision

Children require constant monitoring, especially in group settings. When caregivers leave kids unattended during activities, transitions, or rest periods, accidents are far more likely to occur. Inadequate supervision is often at the root of both everyday accidents and more serious incidents.

Poor Staff Training and Hiring Practices

Daycare centers that fail to conduct background checks, provide training on child safety, or enforce proper staff-to-child ratios put children at risk. Unqualified or undertrained staff are more likely to make mistakes that cause preventable harm.

Unsafe Facilities and Equipment

Broken furniture, unsecured shelves, sharp edges, and unsafe toys can all contribute to injuries. Many injuries happen because daycare facilities don’t meet state safety codes or aren’t maintained to proper standards.

Overcrowding

Daycare centers that exceed their licensed capacity create dangerous environments. Overcrowding stretches staff thin, makes it impossible to provide proper supervision, and increases the likelihood of accidents.

Lack of Safety Policies and Procedures

Daycares without clear rules for playground use, meal supervision, emergency response, or transportation safety are far more likely to see children suffer injuries. A failure to implement and enforce basic safety protocols is a key form of negligence.

Neglect of Health and Medical Needs

Children often require special attention for food allergies, medications, or health conditions. When daycares ignore these needs—whether through poor communication, missing medical records, or careless oversight—children face unnecessary risks.

What Serious Injuries Are Associated With Daycare Abuse and Neglect?

When a child is injured at a daycare, the consequences can range from minor cuts to life-altering conditions.

Fractures and Broken Bones

Falls from changing tables, playground equipment, or unsecured furniture frequently leave a child injured with broken arms, legs, or hips. Fractures often require casts, physical therapy, and ongoing medical costs.

Head Injuries and Traumatic Brain Injuries

Children are especially vulnerable to concussions and traumatic brain injuries. Even a seemingly minor fall can result in long-term cognitive and developmental challenges. Some cases tragically lead to lifelong disabilities.

Cuts, Bruises, and Soft Tissue Injuries

Improper supervision or unsafe premises can cause lacerations, sprains, contusions, and other soft tissue injuries. While these may seem minor, repeated unexplained injuries can be signs of physical abuse.

Internal Injuries and Organ Damage

Serious falls, blunt force, or neglect during emergencies can leave a child injured internally, requiring urgent care and long hospital stays. These injuries often carry high medical bills and long-term consequences.

Emotional and Psychological Harm

Beyond visible wounds, children may suffer from psychological trauma due to verbal abuse, neglect, or exposure to unsafe conditions. These injuries can manifest as anxiety, depression, or regression in behavior.

Long-Term Disabilities

In the most severe cases, negligence at daycare centers results in permanent disabilities. These life-altering conditions often require lifelong care, therapy, and support; costs that families should never bear alone.

What Damages Can Be Recovered in a Child Injury Case?

Families pursuing a personal injury claim after a daycare accident may be entitled to recover damages such as:

• Medical expenses for emergency treatment, hospital stays, surgeries, and follow-up care
• Medical bills and future care costs including therapy, rehabilitation, and specialized treatment for long-term conditions
• Emotional distress caused by daycare abuse, neglect, or trauma
• Pain and suffering related to the injuries
• Loss of normal life when a child’s injuries lead to disabilities or limit daily activities
• Out-of-pocket costs such as transportation to appointments, adaptive equipment, or home modifications
• Punitive damages in cases involving sexual abuse, physical abuse, or other intentional harm by daycare staff

What Is the Average Daycare Injury Payout?

The average payout for daycare injury cases is approximately $7.75 million, while the median settlement is around $1 million. Reported verdicts and settlements range from as low as $4,780 to as high as $115 million.

This wide range reflects the many factors that influence settlement value, including:

• The severity of the child’s injuries and whether they led to permanent disabilities
• The cost of current and future medical costs, including therapy and rehabilitation
• Evidence of negligence, inadequate supervision, or violations of Illinois childcare regulations
• Whether the case involves deliberate harm 
• The emotional distress suffered by the child and family
• The strength of the evidence and testimony presented in court

Example Daycare Injury Cases

• Unsafe Sleep Practices 
  In one of the most devastating daycare wrongful death cases, a five-month-old boy was swaddled and placed face-down on an adult bed. Staff then left him unsupervised for hours. He suffocated and was later found unresponsive. The jury awarded his family $142 million after finding that the daycare’s actions directly violated childcare regulations and represented gross negligence. This case highlighted the importance of adhering to safe infant sleep practices and constant supervision.
• Crib-Related Brain Injury 
  A six-month-old baby was improperly placed on his side in a crib, contrary to medical advice that infants should sleep on their backs. Thirty minutes later, staff discovered him unresponsive. Despite resuscitation efforts, the infant suffered cardiac arrest and was diagnosed with a hypoxic brain injury. He died a week later from his injuries. The family reached a $16 million settlement, emphasizing how dangerous it can be when daycare providers ignore established childcare safety standards.
• Multiple Fractures
  A two-year-old girl was dropped off at a licensed daycare in seemingly good health but was later picked up with multiple fractures — two broken arms and a broken leg. Doctors testified the injuries were unlikely to have occurred accidentally and pointed to gross negligence or physical abuse. The court found the daycare liable and awarded the family $5 million. This case revealed how poor training, inadequate supervision, and potential abuse can combine to cause catastrophic harm.
• Shaken Baby Syndrome 
  A toddler was violently shaken by a daycare worker during a moment of frustration. He sustained subdural hematomas, retinal hemorrhages, and permanent brain damage that left him blind and unable to care for himself. His parents now provide 24-hour care with the help of medical professionals. The case concluded with a $3.1 million settlement, designed to cover lifelong medical costs, therapy, and specialized support for the child’s needs.
• Sexual Abuse –
  A five-year-old girl was repeatedly molested by the teenage son of a daycare operator. The abuse occurred over a period of months and caused severe mental anguish, including PTSD, nightmares, and ongoing anxiety. A jury found the daycare negligent for failing to supervise children properly and for exposing them to danger within the facility. The family was awarded $3 million in damages, reflecting both the harm suffered by the child and the daycare’s failure to protect her.

Why You Need a Chicago Daycare Injury Lawyer

When a child is hurt at a daycare center, pursuing accountability is not as simple as filing a complaint with the daycare. These cases are complex, emotional, and often strongly defended by insurance companies and corporate lawyers. 

Daycare centers rarely admit fault. Our law firm works quickly to preserve evidence, interview witnesses, and obtain medical records. 

We also work with experts in childcare safety, medicine, and psychology to build a clear picture of how inadequate supervision, unsafe facilities, or daycare abuse caused the harm.

In Cook County, daycare injury lawsuits often involve multiple agencies, including the Illinois Department of Children and Family Services (DCFS). 

Families must navigate both civil litigation in local courts and potential regulatory investigations. Our attorneys handle the entire legal process, ensuring deadlines are met and your child’s rights are protected.

Daycare cases can involve more than one negligent party. Liability may extend to the facility owner, individual employees, or even outside contractors. 

In abuse cases, we investigate whether the daycare ignored warning signs or failed to conduct proper background checks. By identifying every responsible party, we increase the chances of full recovery.

Insurance companies often try to downplay injuries or shift blame to parents. Our child injury lawyers push back against these tactics and fight for damages that cover medical costs, emotional trauma, and long-term care. 

In cases of sexual abuse or physical abuse, we also pursue punitive damages to hold the daycare fully accountable.

We know how painful it is to see a child injured or abused by someone entrusted with their care. Our team doesn’t just focus on the courtroom, we also support families through the emotional challenges as well, connecting them with resources like therapy providers.

Hiring a dedicated Chicago daycare injury lawyer ensures your family has an advocate who understands the law, the local courts, and the sensitivity these cases demand.

How Common Are Daycare Injuries?

A review by Child Care Aware of America found 1,362 daycare-related child deaths from 1985 to 2003, with more than 1,000 occurring in home-based care.

Although fewer than 9% of SIDS deaths should occur in daycare, research shows the number is closer to 20%, pointing to unsafe sleep practices and inadequate supervision.

Experts believe these figures underrepresent the problem, since many states (including Illinois) lacked consistent reporting requirements for daycare fatalities and severe injuries.

Where Do Daycare Accidents Occur Most Often in Chicago?

Some of the most common locations include:

• Playgrounds in Lincoln Park and Lakeview – Many older daycare centers in these neighborhoods still use outdated play equipment or lack soft surfacing. Falls from slides or climbing structures often cause fractures and head injuries.
• Changing tables and nap areas in West Loop facilities – With the boom in new daycares serving working parents downtown, cases often involve infants left unattended on changing tables or cribs, leading to dangerous falls or suffocation.
• Daycare vans in South Side neighborhoods – Facilities that provide pickup and drop-off sometimes cut corners on safety. Car accidents involving daycare transport vehicles in areas like Bronzeville and Englewood have left children with serious injuries.
• Classrooms in overcrowded centers on the Northwest Side – In neighborhoods like Logan Square and Avondale, high demand for childcare has led to crowded classrooms where inadequate supervision results in rough play, falls, and preventable accidents.
• Meal and snack areas citywide – Daycares across Chicago have faced incidents of choking, allergic reactions, and unsafe food handling, problems made worse when staff lack proper training.

What Laws Govern Daycare Accident Claims in Chicago?

Daycare injury cases in Chicago are governed by a combination of Illinois state laws, local ordinances, and established case law. These laws set the standards daycare centers must follow and provide families with the legal framework to hold negligent parties accountable.

The Illinois Child Care Act of 1969 (225 ILCS 10/) governs licensing and oversight of childcare facilities throughout Illinois. It establishes requirements for staffing, safety, supervision, and training. When daycare centers fail to meet these standards, they can be held liable for negligence.

DCFS Licensing Standards (Title 89, Part 407) enforce detailed regulations for daycare environments. These rules include:

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

Violations often become key evidence in a daycare injury claim.

The Chicago Municipal Code requires daycare providers to maintain proper business licenses and comply with health and safety regulations. A failure to do so may expose daycare centers to liability for any injuries that occur as a result.

Illinois Tort Law (745 ILCS 10/) allows injured parties to recover damages when harm is caused by negligence, recklessness, or intentional misconduct.

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

Illinois law sets strict time limits for filing daycare injury claims, known as the statute of limitations. Missing these deadlines can mean losing the right to seek compensation, which is why families should contact a Chicago daycare injury lawyer as soon as possible.

In most daycare injury cases, Illinois law (735 ILCS 5/13-202) gives families two years from the date of the injury to file a personal injury lawsuit. However, when the injured child is a minor, the statute of limitations is extended. 

A child generally has two years after turning 18 to file a lawsuit. Parents, however, must file their own claims for medical expenses and related costs within the standard two-year period.

If a daycare accident results in a child’s death, families generally have two years from the date of death to bring a wrongful death claim (740 ILCS 180/).

If the injury involves medical negligence — for example, improper medication administration — different rules may apply under the Illinois medical malpractice statute (735 ILCS 5/13-212), which allows up to eight years for minors, but no later than age 22.

Who Is Legally Liable for Daycare Accidents in Chicago?

When a child is injured at a daycare center, determining who is legally responsible is not always straightforward. Liability can extend beyond the individual caregiver and may involve multiple parties. Our Chicago daycare injury lawyers carefully investigate each case to identify every liable party, including:

• Daycare Owners and Operators – Owners are ultimately responsible for maintaining safe facilities, hiring qualified staff, and enforcing supervision policies. If a center allows unsafe conditions, fails to meet licensing standards, or ignores background checks, they can be held directly liable.
• Daycare Employees and Caregivers – Staff members who commit physical abuse, sexual abuse, or neglect may be personally liable for the harm caused. Employees who leave a child unattended, fail to follow safety rules, or engage in wilful harm can face both civil and criminal consequences.
• Third-Party Contractors – Some daycares hire outside workers for cleaning, transportation, or food service. If negligence by a contractor contributes to a daycare injury case — for example, unsafe transportation or failure to maintain equipment — liability may extend to them.
• Landlords or Property Owners – If a daycare rents its space, the building owner may share responsibility for dangerous premises conditions, such as broken stairways, faulty locks, or unsafe playground equipment.
• Manufacturers of Defective Products – Injuries caused by unsafe cribs, high chairs, toys, or playground structures may lead to product liability claims against the manufacturer or distributor.
• Other Children’s Parents – In rare cases, liability may involve another child’s parent, especially if the daycare failed to properly supervise interactions and an injury occurred as a result.

By identifying all possible defendants, our law firm builds the strongest case for families. In many situations, more than one party shares responsibility, and each may be required to contribute to a settlement or verdict.

Common Defenses in Chicago Daycare Injury Cases

Daycare centers and their insurance companies rarely admit fault when a child is injured. Instead, they often raise defenses designed to reduce or deny liability. As experienced Chicago daycare injury lawyers, we know how these strategies work and how to overcome them.

Daycare providers sometimes claim that children are naturally prone to accidents and that injuries are unavoidable. We counter this by showing how proper supervision, safety protocols, and trained staff would have prevented the incident.

In some cases, daycares argue that a child’s injuries or psychological trauma were due to pre-existing medical or developmental conditions. We use treatment records and expert testimony to prove the difference between prior conditions and the harm caused by negligence or abuse.

When cases involve physical abuse, sexual abuse, or verbal abuse, defendants often deny the allegations outright. Our firm works with investigators, child psychologists, and DCFS records to uncover patterns of misconduct, witness statements, and other evidence that supports the child’s account.

Another common tactic is suggesting that parents are partly responsible — either by failing to provide medical history, exaggerating injuries, or neglecting supervision outside of daycare. We push back firmly, focusing the case on what happened while the child was under the daycare’s care and control.

Daycares may argue they met all state and city licensing requirements. But compliance with regulations does not excuse negligence. We demonstrate how even if minimum standards were met, the daycare still failed to provide adequate supervision or prevent foreseeable harm.

Insurance companies often try to downplay injuries or argue that children recover quickly. We rely on medical experts, therapy providers, and long-term care projections to show the full impact of the harm — physically, emotionally, and financially.

How to Strengthen Your Daycare Injury Case in Chicago

When a child is hurt in a daycare setting, what families do in the hours and days afterward can make a big difference in the outcome of a case. Taking the right steps helps protect your child’s health and preserves evidence for a future personal injury claim.

Your child’s safety comes first. Take them to a doctor or hospital right away, even if the injury seems minor. Treatment records provide critical evidence linking the injury to the daycare’s negligence and documenting the extent of harm.

In Illinois, suspected daycare abuse or neglect should be reported immediately to the Department of Children and Family Services (DCFS) and, in some cases, law enforcement. An official report not only protects your child but also creates a record that supports your legal process later.

Keep detailed notes about what happened, who was involved, and what daycare staff told you. Save all communications, photos of injuries, medical bills, and any incident reports provided by the daycare center.

If possible, photograph unsafe conditions — such as broken playground equipment, hazardous premises, or lack of adequate supervision. These details may disappear quickly if the daycare tries to cover its tracks.

Some children do not verbalize abuse or trauma but may show signs through behavior changes, regression, or distress. Keeping a record of these changes can be valuable evidence, particularly in cases involving verbal, physical, or sexual abuse.

The sooner an attorney is involved, the better. Our law firm can secure witness statements, obtain surveillance footage, and ensure the negligent party doesn’t hide or destroy evidence. We also guide families through the entire process, from filing a personal injury lawsuit to negotiating settlements or going to trial.

How a Chicago Child Injury Lawyer Can Help

At Rosenfeld Injury Lawyers, our job is not just to file a lawsuit, but to guide parents through the entire process of protecting their child and holding the daycare accountable. Here’s how we help:

• Investigating the Incident – We act quickly to gather evidence, including interviewing witnesses, reviewing medical records, preserving surveillance footage, and checking the daycare’s compliance history with DCFS and city inspectors.
• Working With Experts – From pediatricians to child psychologists, we bring in experts who can explain how inadequate supervision, daycare negligence, or abuse caused the injury and what the long-term impact will be.
• Dealing With Insurance Companies – Daycares and their insurers often try to minimize injuries or shift blame to parents. We handle all negotiations and push back against these tactics, making sure your family’s rights are protected.
• Handling the Legal Process – Filing a personal injury lawsuit in Cook County courts can be intimidating. We manage all deadlines, filings, and court appearances so parents can focus on their child’s recovery.
• Pursuing Full Compensation – Our law firm seeks damages for medical expenses, ongoing care, emotional trauma, and physical pain. In cases of physical or sexual abuse, we also pursue punitive damages to hold the daycare fully accountable.
• Providing Compassionate Support – Beyond the legal fight, we connect families with therapists and other resources to help children heal. We understand how sensitive these cases are and approach every step with care.

How to Choose a Safe Daycare Center in Chicago

• Verify the daycare is licensed with DCFS and check inspection reports
• Ask about staff-to-child ratios and caregiver training requirements
• Confirm background checks are done on all employees and volunteers
• Look for clean, secure facilities with safe playground equipment
• Observe how staff interact with children during your visit
• Ask about emergency plans, food safety, and medical care policies

FAQs

What are the signs of daycare child abuse?

Unexplained bruises, frequent injuries, fear of going to daycare, regression in behavior, nightmares, or sudden emotional distress may signal abuse or neglect.

How do I report child abuse at a daycare center in Chicago?

You can file a report with the Illinois Department of Children and Family Services (DCFS) by calling 1-800-25-ABUSE or contacting local law enforcement immediately.

What if I signed a liability waiver?

Waivers do not excuse negligence or protect daycare centers from liability for abuse, neglect, or inadequate supervision. Families can still pursue a personal injury claim.

How much does a Chicago daycare injury lawyer cost?

Our law firm works on a contingency fee. You pay nothing upfront, and we only collect a fee if we recover compensation for your child’s behalf.

Consult a Chicago Daycare Injury Lawyer Near You

If your child was injured or abused in a Chicago daycare center, you don’t have to face the legal process alone. At Rosenfeld Injury Lawyers, we have the experience and resources to hold negligent parties accountable and recover the compensation your family deserves.

We represent families on a contingency fee basis — meaning you owe nothing unless we win. Call our law firm today at (888) 424-5757 for a free consultation, or contact us online to discuss your case with a top-rated Chicago personal injury attorney.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Chicago, Decatur, Naperville, Rockford and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.