Hammers Car Accident & Personal Injury Lawyers | July 30, 2025 | Daycare Injuries
Accidents happen, but when your child is harmed at a daycare facility due to someone’s negligence, you and your child deserve justice. Atlanta parents expect professional care, supervision, and a safe environment for their children. When that trust is broken and your child is hurt, you may wonder: What now?
Understanding Georgia’s daycare injury settlement process is important for protecting your child’s rights. It can help you cover medical expenses and hold negligent daycare providers accountable.
Let’s walk through what it means to pursue a daycare injury claim and how the law in Georgia supports families in your position.
When Is a Daycare Legally Responsible?
Georgia law requires licensed daycare centers to provide a reasonable duty of care. Staff must actively supervise children, keep the environment safe, and follow strict safety protocols.
Common causes of daycare injuries include:
- Inadequate supervision or high staff-to-child ratios
- Unsafe equipment or poor maintenance
- Failure to follow emergency or medical protocols
- Abuse or rough handling by staff
Georgia law doesn’t give daycares a free pass. If they cut corners and your child gets hurt, they can be held responsible.
What to Do Immediately After a Daycare Injury
Obviously, your first concern is always your child’s health. Seek medical care or call your pediatrician right away, even if the injury seems minor. Some injuries, including internal trauma or concussions, may not be visible at first.
After taking care of your child:
- Document the injury by taking clear photos and writing down what your child said about the incident.
- Request a copy of the facility’s internal incident report, if they created one.
- Keep all medical bills, emails, or letters from the daycare director, and any receipts related to treatment or time off work.
These records may play a key role in your child’s injury claim later.
Reporting the Incident to Georgia’s DECAL
The Georgia Department of Early Care and Learning (DECAL) licenses and inspects child care programs statewide. It is also the organization you should report the incident to in the event your child is injured while in daycare. You can file a complaint via email or phone.
A formal investigation by DECAL’s Bright From the Start program can uncover safety violations or staff misconduct. Their records also show whether a daycare has past complaints or inspection issues. This documentation can serve as critical evidence in any legal claims you pursue.
How the Settlement Process Generally Works in Georgia
The daycare injury settlement process often begins with hiring a Georgia daycare injury attorney.
Once you do, your lawyer may:
- Investigate the facts by reviewing medical records, daycare policies, and witness statements.
- Send a demand letter to the daycare or their insurance carrier seeking compensation.
- Take the lead on negotiations on your behalf to reach a fair settlement.
If a settlement isn’t possible or the insurance company refuses to take responsibility, your attorney may file a lawsuit. Litigation may sound overwhelming, but many injury cases settle before reaching trial.
A knowledgeable daycare injury lawyer in Atlanta will ensure you meet all court filings and deadlines. By properly managing your case, they can prevent it from being dismissed on a technicality.
Statute of Limitations and Deadlines
Most personal injury cases in Georgia must typically be filed within two years. However, when a child is injured, Georgia may toll the statute of limitations until the child turns 18. This means the child may have up to age 20 to bring a claim for their own damages.
However, claims pursued by parents, for example, recovering out-of-pocket medical expenses, often still fall under the standard two-year limit. You should promptly talk to an attorney to understand how your case’s deadlines apply.
Call Our Atlanta Daycare Injury Attorneys at Hammers Car Accident & Personal Injury Lawyers for a Free Consultation
No parent plans for their child to get hurt at daycare, but if it happens, you don’t have to face the legal process alone. Whether you’re in metro Atlanta or another part of Georgia, Hammers Law Firm is here to stand with your family.
If you’re unsure where to begin, start by gathering documentation and reaching out for a conversation about your options. Our Atlanta daycare injury attorneys can give you the information you need to protect your child’s rights. Call Hammers Car Accident & Personal Injury Lawyers to schedule a free consultation.
Contact the Atlanta Day Care Injury Lawyers at Hammers Car Accident & Personal Injury Lawyers Today
For more information, contact the Atlanta day care injury law firm of Hammers Car Accident & Personal Injury Lawyers to schedule a free initial consultation. We have convenient locations in Atlanta, Sandy Springs, Lawrenceville, Mableton, Smyrna, and Roswell.
We serve Fulton County and its surrounding areas:
Hammers Car Accident & Personal Injury Lawyers – Atlanta
201 Joseph E Lowery Blvd NW Suite 312,
Atlanta, GA 30314
Open 24/7
(770) 900-9000
Hammers Car Accident & Personal Injury Lawyers – Sandy Springs
5555 Glenridge Con, Suite 975,
Sandy Springs, GA 30342
Open 24/7
(678) 990-7024
Hammers Car Accident & Personal Injury Lawyers – Lawrenceville
265 Culver St S. Suite A.
Lawrenceville, GA 30046
Open 24/7
(678) 626-5067
Hammers Car Accident & Personal Injury Lawyers – Mableton
5701 Mableton Pkwy SW Suite 108,
Mableton, GA 30126
Open 24/7
(706) 480-5487
Hammers Car Accident & Personal Injury Lawyers – Smyrna
2400 Herodian Way Ste#220,
Smyrna, GA 30080
Open 24/7
(678) 922-4497
Hammers Car Accident & Personal Injury Lawyers – Roswell
110 Mansell Cir #111,
Roswell, GA 30075
Open 24/7
(678) 582-8466
About Robert M. Hammers Jr.
Robert M. Hammers, Jr. is the managing partner at Hammers Car Accident & Personal Injury Lawyers in Atlanta. Committed to justice, he represents individuals harmed by negligence, focusing on personal injury litigation.
With over 50 jury trials and $100 million in verdicts and settlements, Rob is known for his strategic thinking and dedication to achieving the best outcomes for his clients. He serves on the Executive Committee for the Georgia Trial Lawyers Association, the American Association for Justice Board of Governors, and the Plaintiff Leadership Committee in complex multi-district and toxic tort litigations, where he advocates for injured individuals and shapes legal strategies.
Robert is also recognized on Justia for his excellence in personal injury law, further highlighting his reputation and commitment to client advocacy.
