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Wrongful Death Lawsuit Filed Against Daycare After 4 Year-Old Dies From Being Left in the Car

Though the summer days have technically come to a close, the dangers of this past season’s heat wave still haunt Chicagoans and individuals across the country.

The Associated Press recently reported on the tragic death of a four year-old child earlier this month after the little girl was found in an unattended vehicle outside the daycare center she was supposed to attend. Allegedly the child was left unattended in the vehicle for a little over seven hours on a sunny, 89-degree day.

As a result, the young girl’s mother has filed a wrongful death lawsuit against the owners of the daycare, asserting that one of the owners of the daycare picked up the girl and her mother at their home to provide transportation for the mother to her university classes, and to take the girl to the day care. The daycare owner delivered the mother to the college campus shortly after 9 a.m. then proceeded to the day care where, according to the suit, he failed to retrieve the girl from the car, reported the Associated Press.

The suit alleges that the owners of the daycare, aware of the prior transportation arrangements failed to recognize that the child had not been delivered to the day care, that the daycare proprietors had an obligation to exercise proper care and supervision of the girl, and that, as a result of their failures of care, the death of a 4-year-old child was “reasonably foreseeable.”

By the time that the daycare owners became aware that the child was not properly accounted for, the girl had already sustained fatal injuries caused by the negligence of the defendants,” the suit stated, said the Associated Press.

No criminal charges have yet been filed related to the girl’s death, but the wrongful death lawsuit may be the next step towards achieving justice for the girl’s family. Under Illinois law, wrongful death is the legal concept that arises when a person’s death has been caused by the fault or negligence of another person or business. In cases of wrongful death, family members and loved ones of the decedent can file a claim to potentially make the wrongdoer pay damages for things such as the loss of companionship, monetary damages to cover the earnings the deceased person would have provided, and expenses associated with the death such as funeral and burial costs.

Our attorneys have extensive experience handling Illinois wrongful death cases, and understand the emotional toll these accidents have on surviving family and friends. Our attorneys have the diligence and expertise necessary to succeed in these types of claims, and even won a $6.5 million settlement for the family of a 32-year-old woman who was killed when the family’s pick-up truck was rear-ended by a semi-truck. This settlement was named as the largest settlement in Illinois outside of Cook County by the 2011 Chicago Lawyer Settlement Survey.