What evidence do I need after my child slipped at a Hammond daycare?
What the ER or your child's doctor writes down will shape the case; the daycare's insurer will read those records looking for any gap, delay, or note suggesting this was "just a minor fall."
In the next 24 hours: get the medical records, discharge papers, and every photo you can. Photograph the exact spot where your child fell, including ice, tracked-in slush, wet tile, missing mats, poor lighting, and any warning signs that were not there. If this happened during Hammond's winter weather, preserve what the conditions looked like outside too. Save weather screenshots showing snow, freezing rain, or black ice conditions. Ask the daycare in writing to preserve incident reports, surveillance video, staff schedules, cleaning logs, and maintenance records.
If your child said what happened, write down their words exactly. Do the same for any staff member who admitted the floor was wet, icy, or hadn't been salted.
In the next week: identify whether the daycare is private or part of a public school or city program. If it is connected to a public entity, Indiana's Tort Claims Act can require notice within 180 days. For licensing issues, file a complaint with the Indiana Family and Social Services Administration if the daycare is state-regulated. Get names and contact information for witnesses, including other parents who saw the area.
Also gather proof of damages: bills, prescriptions, follow-up visits, missed work, and any recommendation for therapy or specialist care.
In the next month: organize the case around four points: dangerous condition, notice, causation, and damages. A parent or guardian typically handles the claim for the child. In Indiana, a child's injury deadline is often tolled while the child is a minor, but parents' own claims for medical bills are not something to sit on. If the case settles, court approval may be required before a minor's settlement is finalized or funds are released.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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