If it is worth suing someone for a personal injury.

My 9 year old daughter was hurt while running threw a sprinkler at my daycare mom’s house last August. Her mouth/lip hit the knee of another kid. They had no injuries. My daughter had her lip/mouth tore open inside and out. We needed to take her that day to the emergency room for facial plastic surgery. We now have around 3000 in medical bills that have occurred from this event. Our old daycare made no effort to offer to pay for anything.
Is this worth the time in court/lawsuit, etc.

Thanks.

Asked on April 25, 2016 under Personal Injury, Wisconsin

Answers:

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

Answered 4 years ago | Contributor

If the case is not settled with the daycare's insurance carrier, then your only recourse is to file a lawsuit based on premises liability.
In addition to compensation for the medical bills, your daughter should also receive compensation for pain and suffering, which is an amount in addition to the medical bills based on the medical reports which document the injury.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If you proceed with the lawsuit, it 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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