My child get injured in the daycare, what should I do?

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My child get injured in the daycare, what should I do?

According to the daycare, my child fell on an edge of a shelf, she had an injury on
her forehead.

Asked on May 6, 2016 under Personal Injury, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF the daycare was at fault in the accident, such as by not properly monitoring or supervising the children, they may be liable for their negligence, or carelessness. That said, it might not be worth suing: you can only get compensation equal to your out-of-pocket (not paid by insurance or Medicaid) medical costs, lost wages (if you missed, say, a day of work to take your child to thd ER), and, if your child suffers some long lasting life impairment or disability or significant disfigurement (e.g. more than just a small scar), some amount for pain and suffering.
But if, as we hope, your child is ok and you only have a copay for the ER visit, it's not worth suing: you'd spend more time and/or money on the lawsuit than you'd get back.
If the daycare was not negligent or careless--they were supervising the children the way daycare should, but your daughter just happened to trip and fall, as children do--they would not be liable in the first place. Liability depends on being at fault.
 


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