What to do if my 18 month child fell out of a high chair at the day care that I work at?

I took him to the ER, and they did stitches. His teacher told me one story when I went in to get him and when we got out of the hospital I went back and the accident report she had written described something tottally different than what she told me. Since I work there as well, is there any legal action I can take against them? They are paying for the hospital bill, but I feel that the teacher lied and I don’t want another child to get hurt at the hands of this teacher.

Asked on February 25, 2013 under Personal Injury, Florida

Answers:

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

Answered 7 years ago | Contributor

You can file a personal injury claim with the daycare's insurance carrier.  When your child 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 his 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 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 behalf of your son.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son.

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


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