Can I sue my child’s former daycare for letting him get his finger smashed by a storm window which required him to have stitches?

The teacher who did not prevent this was fired the day after the incident.

Asked on April 15, 2014 under Personal Injury, Wisconsin

Answers:

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

Answered 6 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.

When your son completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports.  Your son's personal injury claim filed with the daycare's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's 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 on your son's behalf.  You will need to be appointed guardian ad litem to file a lawsuit on your son's behalf because he is a minor.

If the case is NOT settled with the daycare's insurance carrier, the lawsuit for negligence against the daycare must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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