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What If the Daycare Worker Was Not Criminally Charged

You trusted a Chicago daycare to protect your child. Then something went wrong, and the worker responsible was never criminally charged. Now you’re wondering if justice is even possible. The good news is that in Illinois, a criminal charge, or the lack of one, has no bearing on your right to file a civil lawsuit. These are two completely separate legal systems with different rules, different standards, and different goals.

Criminal Charges and Civil Lawsuits Are Not the Same Thing
Why a Daycare Worker May Not Be Criminally Charged
Who Can Be Held Liable in a Civil Case
What Evidence Matters in a Civil Daycare Case
Time Limits for Filing a Daycare Injury Lawsuit in Illinois
FAQs About What If the Daycare Worker Was Not Criminally Charged in Chicago, IL

Criminal Charges and Civil Lawsuits Are Not the Same Thing

Many parents in Chicago make the mistake of believing that no criminal charge means no case. That belief is wrong, and it costs families the compensation their children deserve. Civil cases are entirely separate from criminal proceedings. Even if criminal charges are never filed, you can still pursue a civil claim for any harm your child suffered.

Think about how the two systems work. A criminal case is brought by the State of Illinois, not by you. The State’s Attorney for Cook County decides whether to charge someone, and the prosecution must prove guilt “beyond a reasonable doubt.” For most criminal charges in Illinois, prosecutors must prove guilt beyond a reasonable doubt, which is the highest standard in the legal system. That is an extremely high bar. Prosecutors may decline to file charges for many reasons, including insufficient physical evidence, a reluctant child witness, or limited investigative resources. None of those reasons mean your child was not harmed.

A civil lawsuit works differently. In Illinois, the preponderance of the evidence is the standard of proof used in civil cases, including personal injury lawsuits. That means you only need to show the harm is more likely than not to have occurred. The preponderance of the evidence standard requires the fact finder to be persuaded, considering all the evidence in the case, that the proposition is “more probably true than not true.” You do not need a criminal conviction. You do not even need an arrest. You simply need enough evidence to tip the scales past 50 percent in your favor.

As a Chicago personal injury lawyer who handles daycare injury cases, Briskman Briskman & Greenberg understands how devastating it feels when the criminal system does not act. But the civil system is still open to you, and it can deliver real accountability.

Why a Daycare Worker May Not Be Criminally Charged

The Cook County State’s Attorney’s Office handles criminal prosecutions across Chicago, from the Daley Center downtown to courthouses in neighborhoods like Bridgeview and Skokie. Prosecutors make charging decisions based on their own assessment of the evidence, not based on whether a child was actually harmed. Several factors can lead to a decision not to charge a daycare worker, even when the facts strongly suggest misconduct.

First, young children, especially toddlers and infants, often cannot testify. A two-year-old cannot take the stand in a courtroom at the Leighton Criminal Court Building on South California Avenue and explain what happened. Without a witness who can speak clearly, prosecutors may feel they cannot meet the criminal burden of proof. Second, daycares sometimes lack proper surveillance footage, or cameras are positioned in ways that miss critical areas. Third, injuries like shaken baby syndrome, abusive head trauma, or soft tissue injuries can be difficult to distinguish from accidental causes without a thorough forensic investigation.

Fourth, a daycare may have covered its tracks. Staff may give consistent but false accounts of what happened. Incident reports may be incomplete or altered. When investigators cannot pin down exactly what occurred, criminal charges may not follow. None of that prevents you from building a civil case. In a civil lawsuit, your attorney can use deposition testimony, medical expert witnesses, child development specialists, and DCFS investigation records to establish what happened, even without a criminal conviction on the books.

Who Can Be Held Liable in a Civil Case

One of the biggest advantages of a civil lawsuit is that it casts a wider net than a criminal prosecution. A criminal case targets one person. A civil lawsuit can name the individual worker, the daycare owner, the daycare corporation, and even the property owner, depending on the facts. In Chicago, many daycare facilities are operated by larger organizations with real insurance coverage and assets, which means a successful civil claim can result in meaningful compensation for your family.

Under Illinois negligence law, you must show that a duty of care existed, that the duty was breached, that the breach caused your child’s injury, and that damages resulted. Many daycare personal injury cases are based on negligence. Under this theory, the parent would need to show that the daycare facility owed a duty of reasonable care to the child. Every licensed daycare in Illinois owes that duty to every child enrolled.

Beyond direct negligence, Illinois law also recognizes claims for negligent hiring and negligent retention. If the daycare worker who harmed your child had a criminal history, you would want to show that the daycare failed to conduct a background check that could have prevented the worker from being hired. The Illinois Child Care Act of 1969 requires licensed facilities to meet specific staffing, supervision, and safety standards. When a facility violates those standards, it may be liable for negligence per se, meaning the violation of the law itself helps establish negligence.

Under Illinois’s modified comparative fault rule, found in 735 ILCS 5/2-1116, a plaintiff can still recover damages as long as their share of fault does not exceed 50 percent. In daycare injury cases involving children, the child cannot be at fault, which strengthens the family’s position significantly.

What Evidence Matters in a Civil Daycare Case

Building a strong civil case without a criminal conviction requires focused, early evidence gathering. The sooner your family acts, the better. Surveillance footage gets overwritten. Witnesses move on. Documents disappear. Chicago daycares near neighborhoods like Lincoln Park, Pilsen, and Wicker Park may have multiple cameras, but footage retention policies vary widely, and you may have only days to preserve that video before it is gone.

Medical records are critical. Having a healthcare professional evaluate the injuries or symptoms is important. Medical records documenting injuries and emotional upset are crucial proof in civil suits for abuse. Take your child to a doctor or emergency room immediately after discovering an injury, even if the injury appears minor. A physician’s documentation of the nature, location, and likely cause of an injury can carry enormous weight in a civil case.

Attorneys can gather and preserve critical evidence, such as surveillance footage, staff records, and witness statements, to establish what happened and who is responsible. They can also work with experts to assess the extent of the harm and its long-term effects on your child. In a daycare injury case, expert witnesses often include pediatricians, child psychologists, and child development professionals who can explain how the injury occurred and what the long-term impact will be on your child’s development.

DCFS investigation records can also be powerful tools. If daycare staff are accused of harming a child, DCFS will launch an independent investigation separate from any private legal action brought by the family. Investigators will typically visit the daycare facility, interview employees, review documentation, and determine whether the environment poses an ongoing risk. Their findings can become powerful evidence in a future lawsuit. Even if DCFS does not revoke a license, their investigative findings, including any citations or substantiated findings of neglect or abuse, can support your civil claim.

Time Limits for Filing a Daycare Injury Lawsuit in Illinois

Illinois law sets strict deadlines for filing personal injury lawsuits. Under 735 ILCS 5/13-202, personal injury actions must generally be commenced within two years after the cause of action accrued. Missing that deadline almost always means losing your right to sue entirely, regardless of how strong your case is.

However, Illinois law provides important protections for injured children. The statute of limitations is typically tolled, meaning it is paused, while the injured person is a minor. This means the two-year clock generally does not begin running until your child turns 18. So a child injured at a Chicago daycare at age three would, in many cases, have until age 20 to file suit. That said, waiting is a serious mistake. Evidence disappears, witnesses forget details, and building a strong case becomes harder with every passing year. Filing sooner rather than later gives your attorney the best chance to gather the evidence needed to win.

If your child’s injury resulted in death, the Illinois Wrongful Death Act, found at 740 ILCS 180, generally requires that actions be commenced within two years after the death. There are extensions available when the death results from violent intentional conduct, but those exceptions have their own specific requirements and conditions.

Do not assume that because no criminal charges were filed, the clock has stopped or reset. The civil deadline runs independently of any criminal proceedings. Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible to make sure your family’s rights are protected before any deadline passes.

FAQs About What If the Daycare Worker Was Not Criminally Charged in Chicago, IL

Can I sue a Chicago daycare even if the worker was never arrested?

Yes. An arrest or criminal charge is not required to file a civil lawsuit in Illinois. The civil and criminal legal systems operate independently. In a civil case, you must show that harm occurred by a preponderance of the evidence, meaning it is more likely than not that the daycare or its worker caused your child’s injury. That standard is far lower than the criminal standard of proof beyond a reasonable doubt, which is why many families win civil cases even when prosecutors decline to file charges.

What if the police investigated but closed the case without charges?

A closed police investigation does not close the door on a civil lawsuit. Police investigations focus on whether there is enough evidence to charge someone with a crime. Civil lawsuits use a different standard and a different process. Your attorney can independently investigate the incident, gather medical records, obtain DCFS investigation findings, depose daycare staff, and retain expert witnesses, all without relying on what the police found or did not find. The outcome of a police investigation simply has no legal effect on your right to sue.

Who pays if I win a civil lawsuit against a Chicago daycare?

In most cases, the daycare’s liability insurance policy covers a judgment or settlement. Licensed daycare facilities in Illinois are required to maintain insurance coverage. If the daycare is operated by a larger company or franchise, that parent organization may also have coverage. In some cases, a property owner or landlord may share liability for unsafe premises. Your attorney will identify all potentially responsible parties and their insurance coverage to make sure any recovery is as complete as possible.

Does a DCFS finding of neglect or abuse help my civil case?

A DCFS substantiated finding can be a valuable piece of evidence in a civil lawsuit. When DCFS investigators determine that abuse or neglect occurred at a daycare facility, that finding, along with any citations issued or licensing actions taken, can support your claim that the daycare breached its duty of care. However, a DCFS finding is not required to win a civil case, and the absence of one does not prevent you from filing. Your attorney can use the investigation records, interview notes, and any documented violations as part of a broader body of evidence.

How long do I have to file a daycare injury lawsuit in Illinois if my child was harmed?

Under 735 ILCS 5/13-202, personal injury cases in Illinois must generally be filed within two years of when the cause of action accrued. For injured minors, Illinois law typically tolls the statute of limitations until the child turns 18, giving them until age 20 to file in many situations. Despite this extended window, waiting is risky. Evidence fades, witnesses become unavailable, and surveillance footage is overwritten quickly. Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as you learn of your child’s injury to protect your family’s legal rights.

This page is an advertisement on behalf of Briskman Briskman & Greenberg, located at 134 N. LaSalle Street, Suite 1515, Chicago, IL 60602. Past results do not guarantee similar outcomes. Each case is different and must be evaluated on its own facts. Viewing this content does not create an attorney-client relationship.