Elyria Daycare Injury Lawyer | Call (216) 931-7000

When a child is seriously injured at a day care facility, families may be dealing with medical treatment while trying to understand what happened and whether the provider followed Ohio safety requirements.

Frank Piscitelli has more than 30 years of personal injury experience and personally directs the serious cases he accepts.

His approach combines direct client involvement with the resources needed to investigate complex claims and protect a child’s legal rights.

Families in Elyria choose Frank Piscitelli for several reasons:

• More than 30 years of personal injury experience: Frank has represented clients in serious injury, catastrophic injury, and wrongful death matters throughout Ohio.
• A documented record of substantial results: Frank’s case results include multiple six-, seven-, and eight-figure outcomes. His published results include a $3.1 million settlement involving serious injuries to a child and a $1.1 million settlement for the family of a 7-year-old killed in an ATV crash, although prior results do not guarantee a similar outcome.
• Direct involvement from Frank: Families work with Frank rather than having the case routinely passed among multiple lawyers or layers of staff.
• Resources for serious daycare claims: Cases involving day care providers may require review of staffing, licensing, medical issues, facility practices, and testimony from qualified experts. Frank can devote resources to the investigation when specialized analysis is appropriate.
• Attention to Ohio childcare requirements: Ohio requires licensed centers to provide parents with a written incident or injury report on the day of certain injuries and serious incidents. Serious incidents also must be reported through the state licensing system by the next business day.
• Experience dealing with insurance companies: Families may benefit from obtaining legal advice before giving a detailed statement or accepting an early offer from the daycare’s insurer, particularly when the child’s diagnosis or future needs are still developing.
• Awareness of filing deadlines: Ohio statutes of limitations apply to personal injury lawsuits involving minors, although Ohio Revised Code § 2305.16 can toll certain limitation periods while the injured person is a minor. Related claims belonging to parents may not necessarily follow the same timeline.
• Free initial consultation: Families can discuss the injury, the daycare’s explanation, and their legal options before deciding whether to proceed.

Parents or guardians may be able to pursue a claim on behalf of an injured child when daycare negligence causes medical expenses and other losses.

Families concerned about a serious safety or licensing violation may also file a complaint with the Ohio Department of Children and Youth, which investigates complaints involving regulated childcare programs.

How Much Does it Cost to Hire a Daycare Injury Attorney?

Piscitelli Law Firm handles eligible daycare injury cases on a contingency fee basis, so families do not pay attorney fees upfront.

The attorney fee is paid from the compensation recovered through a settlement or verdict under the terms of the written fee agreement.

Case expenses, including costs for records, expert review, depositions, or other litigation needs, are also explained before representation begins.

This arrangement allows parents to pursue a claim without adding hourly legal fees to medical bills and other expenses related to the child’s injury.

Piscitelli Law Firm also offers a free initial consultation so families can discuss what happened, the child’s injuries, and the fee structure before deciding how to proceed.

Ohio regulates licensed childcare providers through Chapter 5104 of the Ohio Revised Code and licensing rules administered by the Ohio Department of Children and Youth.

These requirements address how facilities supervise children, staff their programs, maintain safe environments, respond to medical needs, and document serious incidents.

Rules that may become relevant after a daycare injury include those addressing:

• Staff-to-child ratios and supervision
• Employee qualifications, training, and background checks
• Safe toys, equipment, playgrounds, and physical environments
• Infant sleep and crib safety
• Food preparation, choking hazards, and allergies
• Medication administration and individual health plans
• Emergency procedures and first aid
• Transportation and field trips
• Injury reports and parent notification
• Reporting suspected child abuse or neglect

The specific requirements depend on the type of childcare provider and the circumstances of the incident.

A violation of a licensing or safety rule may help establish what the daycare was required to do, but a family must still show that the failure contributed to the child’s injury.

Parents rely on a daycare provider to supervise children appropriately, maintain a safe environment, and account for the different needs of each young child.

A daycare center may be responsible when poor supervision, unsafe conditions, improper medical care, or employee misconduct causes preventable harm.

Common causes of daycare injuries include:

• Inadequate supervision or unsafe staff-to-child ratios
• Failure to separate or supervise different age groups appropriately
• Unsafe playground equipment, toys, furniture, or other facility hazards
• Choking hazards, food-allergy exposure, or unsafe feeding practices
• Medication errors or delayed emergency care
• Unsafe infant sleep practices
• Unsecured doors, gates, or other conditions that allow a child to wander away
• Transportation and vehicle safety failures
• Physical abuse, harsh discipline, or sexual abuse
• Negligent hiring, training, or retention of employees

Day care providers are also required to conduct background checks for certain employees and staff members before placing them in positions involving access to kids.

Those requirements are intended to help prevent dangerous individuals from working in childcare settings, although background checks alone do not eliminate the need for proper training and supervision.

Depending on how the injury occurred, the negligent party may be an employee, the daycare operator, a property owner, a contractor, a transportation company, or another person or business involved in the child’s care.

Types of Injuries Sustained at Daycare Facilities

The last thing many parents expect is to learn that their child has been injured while under the supervision of a daycare provider.

Daycare injuries can range from temporary pain and minor wounds to serious conditions requiring emergency treatment, surgery, rehabilitation, or long-term care.

Common injuries sustained at daycare facilities include:

• Concussions and traumatic brain injuries
• Broken bones and fractures
• Internal bleeding or organ damage
• Choking and oxygen-deprivation injuries
• Burns, cuts, and puncture wounds
• Dental and facial injuries
• Allergic reactions and poisoning
• Spinal and nerve injuries
• Scarring and disfigurement
• Psychological trauma
• Injuries associated with physical or sexual abuse

A young child may not be able to clearly describe pain, dizziness, fear, numbness, or other symptoms after an incident.

When a child has been injured, prompt medical evaluation can help identify conditions that may not be immediately obvious and document the treatment and future care the child may need.

A daycare injury claim may be available when a child is harmed because a daycare provider, employee, owner, or another responsible party failed to use reasonable care.

Common examples include inadequate supervision, unsafe equipment, medication mistakes, improper transportation, abuse, or failure to respond appropriately to a medical emergency.

The family generally must show that the daycare’s conduct caused or contributed to the child’s injuries rather than the incident resulting solely from ordinary childhood activity.

Relevant factors may include the child’s age, the type of injury, applicable safety rules, medical treatment, and the circumstances surrounding the incident.

Frank Piscitelli can review what happened and explain whether the facts may support a personal injury claim under Ohio law.

Evidence That Can Support a Daycare Injury Claim

Daycare injury claims often depend on records and materials controlled by the provider, so obtaining them early can be important.

Parents may receive only a brief incident report while the facility retains video, staffing records, licensing information, and internal documentation.

Important evidence may include:

• Surveillance footage and photographs
• Incident and injury reports
• Attendance, staffing, and ratio records
• Employee training and background-check records
• Licensing and inspection reports
• Medical, allergy, and medication plans
• Playground, equipment, or transportation records
• Medical records and witness statements

Parents should also keep communications with the daycare, photographs of visible injuries, discharge instructions, and any damaged clothing or personal items connected to the incident.

Some records may be overwritten or discarded over time, so preservation can become important early in the claim.

Potential Compensation in a Daycare Injury Lawsuit

Compensation in a daycare injury case depends on the severity of the child’s injuries, the treatment required, future medical needs, and the effect of the injury on the child’s daily life.

A claim may include both economic losses and compensation for the physical and emotional harm caused by the incident.

Recoverable damages may include:

• Emergency treatment, hospital care, and surgery
• Future medical care and rehabilitation
• Medication, therapy, and assistive devices
• Special education or developmental services
• Transportation and other injury-related expenses
• Pain and suffering
• Emotional distress and psychological trauma
• Scarring, disfigurement, or disability
• Loss of normal childhood activities
• Other long-term effects of a serious injury

Parents may also have separate claims for certain expenses they incurred because of the child’s injury.

The value of a daycare injury claim depends on the facts of the case, available insurance coverage, and the losses that can be documented under Ohio law.

How Long Do You Have to File an Ohio Daycare Injury Lawsuit?

Ohio generally requires personal injury lawsuits to be filed within two years after the claim accrues.

Because an injured child is a minor, Ohio’s tolling rules may extend the filing period for the child’s own claim until after the disability of minority ends.

That extension should not be treated as permission to delay because related claims belonging to parents, as well as claims involving wrongful death, medical negligence, public entities, defective products, insurance policies, or childhood sexual abuse, may follow different deadlines.

Childhood sexual abuse claims are governed by a separate statute with a longer limitations period subject to specific statutory requirements and exceptions.

Important records can also disappear long before any filing deadline expires, including surveillance footage, staffing records, damaged equipment, and other materials connected to the incident.

Families should therefore determine the applicable deadline early rather than assuming every claim arising from a daycare injury follows the same timeline.

When a child is seriously injured at daycare, parents may be dealing with medical care, unanswered questions, and uncertainty about whether the facility followed required safety procedures.

Frank Piscitelli has more than 30 years of experience handling serious personal injury cases and personally directs the matters he accepts.

From Piscitelli Law Firm’s office at 424 Middle Avenue, Suite 1, in Elyria, Frank represents families throughout Lorain County and Northeast Ohio.

He can review the circumstances of the incident, identify potentially responsible parties, and address records controlled by the daycare, including surveillance footage that may need to be preserved before it is overwritten or deleted.

Eligible daycare injury cases are handled on a contingency fee basis, so families do not pay attorney fees or case expenses unless the firm obtains a financial recovery.

If your child was injured at a daycare facility, contact Piscitelli Law Firm for a free consultation to discuss what happened and what legal options may be available.

You can call the Elyria office, visit in person, or use the chat feature on this page to speak with Frank about the next steps.