What are my rights if my 4 month old son was overdosed at his childcare center by 10 times the prescribed amount of a prescription decongestant?
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What are my rights if my 4 month old son was overdosed at his childcare center by 10 times the prescribed amount of a prescription decongestant?
Should I speak with a personal injury attorney? I’m in Benton, AR.
Asked on November 7, 2011 under Personal Injury, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your child was injured in any way, then you absolutely should consult with a personal injury attorney. If your child was not injured, but you suffered or injured some medical costs, lost wages (e.g. time away from work), etc., it may not be worth consulting with a lawyer--but you could still sue for those costs, representing yourself in court. And if, hopefully, you and your child did not suffer injury or significant costs, then you effectively cannot, or at least should not, sue.
The issue is, you can only sue for the actual injuries or financial losses incurred; therefore, there are times when there is clearly liability--i.e. someone is at fault, and would be legally obligated to pay--but there's no point in a lawsuit, since there are no damages you could recover.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your child was injured in any way, then you absolutely should consult with a personal injury attorney. If your child was not injured, but you suffered or injured some medical costs, lost wages (e.g. time away from work), etc., it may not be worth consulting with a lawyer--but you could still sue for those costs, representing yourself in court. And if, hopefully, you and your child did not suffer injury or significant costs, then you effectively cannot, or at least should not, sue.
The issue is, you can only sue for the actual injuries or financial losses incurred; therefore, there are times when there is clearly liability--i.e. someone is at fault, and would be legally obligated to pay--but there's no point in a lawsuit, since there are no damages you could recover.
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