Traumatic Brain Injuries at Chicago Daycares

A traumatic brain injury (TBI) at a Chicago daycare is one of the most serious harms a young child can suffer. A developing brain is far more vulnerable than an adult brain, and damage that occurs in the first years of life can affect a child’s cognitive, emotional, and physical development for decades. If your child suffered a TBI while in the care of a Chicago daycare facility, you have legal rights, and the team at Chicago personal injury lawyer Briskman Briskman & Greenberg is here to help you understand them.

Table of Contents

• What Is a Traumatic Brain Injury in a Young Child?
• How Chicago Daycares Cause Traumatic Brain Injuries
• Illinois Law and Your Right to Sue a Chicago Daycare for a TBI
• What to Do After Your Child Suffers a TBI at a Chicago Daycare
• How Briskman Briskman & Greenberg Can Help Your Family
• FAQs About Traumatic Brain Injuries at Chicago Daycares

What Is a Traumatic Brain Injury in a Young Child?

A traumatic brain injury is caused by a bump, blow, jolt, or penetrating wound to the head that disrupts the normal functioning of the brain. In a daycare setting, TBIs can result from falls off playground equipment, being struck by furniture or objects, collisions with other children, or, in the most disturbing cases, deliberate abuse. Young children are at particular risk because their skulls are thinner and their necks are not strong enough to absorb sudden impact forces.

Approximately 75% of TBIs are mild, often called concussions. But even a “mild” TBI in a toddler or infant is not a minor matter. Symptoms in young children can be subtle and easy to miss, especially when daycare staff are not trained to recognize them. Warning signs include unusual irritability, changes in sleep patterns, vomiting, loss of interest in favorite activities, and unsteady balance. Because toddlers and infants cannot always describe what they feel, parents often rely on behavioral changes to detect that something is wrong.

Falls account for a large proportion of TBIs among children aged 0 to 14 years. In a daycare environment, falls happen from changing tables, cribs, high chairs, climbing structures, and slippery floors. Each of these scenarios can be connected to a specific failure by the daycare, whether that is inadequate supervision, defective equipment, or unsafe premises. A TBI that results from a preventable fall is not just a tragic accident. It is often evidence of negligence.

An estimated 5.3 million U.S. residents are living with TBI-related disabilities, including long-term cognitive and psychological impairments. When a child sustains a TBI at a young age, the impact can follow them into school, into adulthood, and throughout their entire life. That is why these cases demand serious legal attention from the start.

How Chicago Daycares Cause Traumatic Brain Injuries

TBIs at Chicago daycares rarely happen out of nowhere. They are almost always the result of identifiable failures. A caregiver who is watching too many children at once, a broken piece of playground equipment near Millennium Park or in a Rogers Park facility, a wet floor left unattended, or a staff member who lacks the training to handle an aggressive toddler, all of these create the conditions for a serious head injury.

Under the Illinois Child Care Act of 1969 (225 ILCS 10), licensed daycare centers in Illinois must meet standards set and enforced by the Illinois Department of Children and Family Services (DCFS). A license issued by DCFS authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act of 1969. When a facility violates those standards and a child is hurt, the violation becomes critical evidence in a civil claim.

DCFS rules tell daycare operators how many children one adult can supervise, how much room each child needs, and what safety equipment is required. Illinois lists staff-to-child ratios by age, and for infants, often requires one adult for every four children. When a daycare ignores these ratios, understaffed caregivers cannot react quickly enough to prevent a child from falling or being hurt. That staffing failure directly creates the conditions for a TBI.

Abusive head trauma is another cause of TBI in daycare settings. This includes shaken baby syndrome, where a caregiver violently shakes an infant, causing the brain to move inside the skull. This type of injury can cause permanent brain damage or death, and it is always the result of intentional or reckless conduct by a caregiver. Under DCFS licensing standards, children may not be left unattended at any time. When a child is harmed while unattended or while a staff member is not present, that violation supports a negligence claim against the facility.

Illinois Law and Your Right to Sue a Chicago Daycare for a TBI

Illinois law gives parents the right to file a personal injury lawsuit on behalf of a child injured through someone else’s negligence. To succeed, you generally need to show that the daycare owed your child a duty of care, that it breached that duty, and that the breach caused the TBI. In most daycare cases, the duty of care is clear. Every licensed facility in Illinois accepts responsibility for the safety of children in its care when it opens its doors.

The Illinois Child Care Act of 1969 sets the legal baseline for what daycare operators must do to keep children safe. When a facility violates those rules, and a child suffers a TBI as a result, that violation is strong evidence of negligence. DCFS inspection records, incident reports, staff training logs, and surveillance footage from the facility can all be used to build your case.

Illinois also has a statute of limitations that controls how long you have to file a lawsuit. Under the Illinois Code of Civil Procedure (735 ILCS 5/13-202), personal injury claims generally must be filed within two years of the injury. For minors, Illinois law provides an important protection: the two-year clock typically does not start running until the child turns 18. That means a child injured at a Chicago daycare at age two may have until age 20 to file a claim. However, waiting is rarely a good strategy. Evidence disappears, witnesses move on, and surveillance footage gets erased. Acting quickly gives your attorney the best chance to preserve what matters.

Damages in a TBI case can include past and future medical expenses, rehabilitation and therapy costs, pain and suffering, emotional distress, and, in the most severe cases, compensation for the child’s reduced ability to earn income as an adult. If a daycare’s conduct was particularly egregious, such as in cases involving deliberate abuse, punitive damages may also be available under Illinois law.

What to Do After Your Child Suffers a TBI at a Chicago Daycare

The steps you take in the hours and days after your child’s injury can make a real difference in the outcome of a legal claim. First and most importantly, get your child medical attention right away. Even if the daycare tells you the injury looks minor, a doctor needs to evaluate your child. TBIs in young children do not always produce obvious symptoms immediately, and a delay in diagnosis can worsen the outcome.

Once your child is safe, document everything. Take photographs of any visible injuries, the location where the incident occurred, and any hazardous conditions you observe. Request a written incident report from the daycare and keep a copy. Write down the names of any staff members who were present and any witnesses. If the daycare has security cameras, those recordings may be critical evidence. Facilities in Wicker Park, Lincoln Square, and across Chicago often have surveillance systems, but footage is frequently overwritten within days if not preserved.

Report the injury to DCFS. You can file a licensing complaint with the Illinois Department of Children and Family Services, which will trigger an investigation into the facility. That investigation can produce records and findings that support your civil claim. Under Illinois mandatory reporter laws, daycare workers are themselves required to report certain injuries, and a failure to do so is its own violation.

Do not give a recorded statement to the daycare’s insurance company before speaking with an attorney. Insurance adjusters work for the daycare, not for your family. Their goal is to minimize what the facility pays out. A statement made before you understand your rights can be used against you later.

How Briskman Briskman & Greenberg Can Help Your Family

Briskman Briskman & Greenberg has spent decades fighting for injured Chicagoans, including children and families harmed by the negligence of others. Our firm understands how TBI cases work, from the medical evidence that documents the injury to the DCFS records that prove the daycare violated its legal obligations. We handle these cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for your family. You will not owe us anything unless we win.

We investigate every aspect of what happened to your child. That includes reviewing the daycare’s licensing history, pulling inspection records, interviewing witnesses, working with medical experts who can explain the full scope of your child’s injury, and building a case that accounts for both current and future harm. A TBI in a young child can affect everything from academic performance to emotional regulation to long-term earning capacity. We pursue compensation that reflects the full reality of what your child faces.

Whether the injury happened at a licensed facility in Lincoln Park, an in-home daycare in Pilsen, or a church-based program on the North Side, our team can evaluate your case and give you a clear picture of your options. Illinois families trust us because we are honest about what cases involve and committed to getting results through thorough, careful legal work.

If your child suffered a traumatic brain injury at a Chicago daycare, call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. Our office is located in Chicago, and we serve families throughout the city and surrounding communities. The conversation is free, and there is no obligation.

FAQs About Traumatic Brain Injuries at Chicago Daycares

How do I know if my child’s head injury at daycare is a traumatic brain injury?

Only a doctor can diagnose a TBI, which is why getting your child evaluated immediately after any head injury is critical. People who sustain a TBI can experience a broad range of signs or symptoms, ranging from common somatic symptoms such as headache and nausea to less common signs such as a loss of consciousness. In very young children who cannot describe their symptoms, watch for unusual crying, vomiting, loss of balance, changes in sleep, or a sudden drop in alertness. If you notice any of these signs after a daycare incident, go to the emergency room right away and tell the doctor exactly what happened.

Can I sue a Chicago daycare if my child’s TBI was caused by another child?

Yes, you can still have a valid claim against the daycare even if another child caused the injury. The daycare’s duty is to supervise all children in its care and prevent foreseeable harm. If a child with known aggressive behavior was not properly monitored, or if staff ratios were so low that adequate supervision was impossible, the facility may be liable for negligent supervision. The key question is whether the daycare failed to take reasonable steps to prevent the injury, not just who physically caused it.

What laws protect my child at a Chicago daycare?

The primary law governing licensed daycares in Illinois is the Illinois Child Care Act of 1969 (225 ILCS 10), which sets the legal framework for daycare licensing and operation. DCFS enforces detailed rules under Rule 407 for daycare centers and Rule 406 for daycare homes. These rules tell daycare operators how many children one adult can supervise, how much room each child needs, and what safety equipment is required. When a facility violates these rules and a child is hurt as a result, those violations can be used as evidence of negligence in a civil lawsuit.

How long do I have to file a lawsuit after my child’s TBI at a Chicago daycare?

Under the Illinois Code of Civil Procedure (735 ILCS 5/13-202), personal injury claims generally must be filed within two years of the injury. For minors, Illinois law typically tolls, or pauses, the statute of limitations until the child reaches age 18, giving them until age 20 to file. However, waiting is not advisable. Evidence such as surveillance footage, incident reports, and staff records can be lost or destroyed over time. Contacting an attorney as soon as possible after the injury gives your case the best chance of success.

What compensation can my family recover for a TBI caused by a Chicago daycare?

Families who file a successful claim may recover compensation for past and future medical expenses, rehabilitation and therapy costs, pain and suffering, emotional distress, and the child’s reduced ability to earn income as an adult if the injury causes lasting impairment. A severe TBI not only affects a person’s life and family but also has a large societal and economic toll. In cases involving deliberate abuse or extreme recklessness by a daycare operator or employee, Illinois law may also allow for punitive damages. Every case is different, and the value of a claim depends on the specific facts, the severity of the injury, and the long-term impact on the child’s life. Briskman Briskman & Greenberg offers free consultations at (312) 222-0010 to help families understand what their case may be worth.

Briskman Briskman & Greenberg is a personal injury law firm located in Chicago, Illinois. This content is for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee similar outcomes in future cases.

More Resources About Physical Injuries Children Suffer at Chicago Daycares

• Head Injuries at Chicago Daycares
• Concussions at Chicago Daycares
• Skull Fractures at Chicago Daycares
• Broken Bones and Fractures at Chicago Daycares
• Arm and Wrist Fractures at Chicago Daycares
• Leg and Ankle Fractures at Chicago Daycares
• Dislocated Joints at Chicago Daycares
• Nursemaid’s Elbow at Chicago Daycares
• Burns at Chicago Daycares
• Scald Burns at Chicago Daycares
• Chemical Burns at Chicago Daycares
• Friction and Rug Burns at Chicago Daycares
• Choking Injuries at Chicago Daycares
• Strangulation Injuries at Chicago Daycares
• Suffocation Injuries at Chicago Daycares
• Drowning and Near-Drowning at Chicago Daycares
• Spinal Cord Injuries at Chicago Daycares
• Dental Injuries and Broken Teeth at Chicago Daycares
• Eye Injuries and Vision Loss at Chicago Daycares
• Ear Injuries and Hearing Loss at Chicago Daycares
• Cuts, Lacerations, and Puncture Wounds at Chicago Daycares
• Crush Injuries at Chicago Daycares
• Soft Tissue Injuries and Sprains at Chicago Daycares
• Internal Injuries and Organ Damage at Chicago Daycares
• Facial Injuries and Scarring at Chicago Daycares
• Amputation and Loss of Limb at Chicago Daycares
• Electrical Shock Injuries at Chicago Daycares
• Animal Bites at Chicago Daycares