If my child suffered a serious injury at daycare requiring surgery and one parent has to take off 2 months of work, do we have a case against the daycare?

Asked on July 31, 2012 under Personal Injury, West Virginia

Answers:

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

Answered 8 years ago | Contributor

When your child completes his/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 where no further improvement is anticipated, obtain your child's medical bills, medical reports and documentation of your wage loss.  The 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 child's injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for your wage loss is straight reimbursement. 

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


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