Can my daughter sue for a facial injury she received 10 years ago?
by Anonymous (NJ)
At age 5, while attending a day camp at a nature park in Bergen County, NJ my daughter tripped and hit her head on what was believed to be a tree root. No adult who was supposedly supervising the group witnessed the accident, stating they were playing hide and seek with the kids.
My daughter received 40 stitches in her forehead (4 layers deep) by a plastic surgeon. I was told by the camp that I had no recourse because I had signed a no fault waiver. I paid the medical bills of approx $2,000. I was going through some personal issues at the time (job change, end of long personal relationship, etc.) and just let it be.
Now that my daughter is 15 the scar is having an impact on her self image and I feel somewhat guilty that I didn't pursue compensation for her. Is it too late to file a lawsuit?
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ANSWER for "Can my daughter sue for a facial injury she received 10 years ago?":
Although it's too late for you to pursue legal action against the owners and managers of the day camp, it may not be too late for your daughter to file. The problem is your daughter may have to wait until she is 18 to pursue a claim.
Although your daughter may be able to pursue legal action when she becomes an adult, there may develop an uncomfortable issue to deal with. That issue is the possibility of her having to testify about her relationship with you.
The defendant may attempt to portray you as somewhat delinquent in your decision making. They will want to know why you didn't pursue legal action on her behalf at or about the time she was injured.
These types of legal matters often become difficult for all parties involved, especially family members. The best action to take at this time is to visit with a personal injury attorney.
Most do not charge for initial office consultations. You won't have to have your daughter with you. Just sit down with one or more of the attorneys. After explaining to them the events leading to your daughter's recent acknowledgment of the possibility of plastic surgery, they will be able to advise you of the proper action to take when your daughter reaches the age of 18.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.