Can i sue a daycare

my daughter got a facial burn at
daycare she is 3 years old and they was
doing a project with a hot glue gun and
got a hold of the craft and they stated
she touched it and than touched her
face, i didnt get a incident report i
got verbally told and i looked at her
fingers and they was not burnt but her
face is and we took her to the
hospital, and my older daughter who is
7 got slapped and chocked by a boy who
is older that her at the same day care

Asked on May 13, 2017 under Personal Injury, Washington


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Prior to filing a lawsuit against the daycare, it may be possible to settle the case with the daycare's insurance carrier.
Inform the daycare's insurance carrier in writing of your daughter's personal injury claim.
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her treatment where no further improvement is anticipated, obtain her medical bills and medical reports. Your daughter's personal injury claim filed with the daycare's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the daycare's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the daycare's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the daycare.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled, the lawsuit on behalf of your daughter against the daycare must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.

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