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?

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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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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