My daughter was at daycare and she fell and busted her nose. The daycare notified me by phone and I also signed an accident report. Now my daughter’s nose has a scar.
She has been to the doctor who referred us to the dermatologist. The dermatologist said the scar is a direct result of the fall and will have to be surgically removed. I have pictures of her nose the same day it happened. It was REALLY BAD.
Can I sue the daycare? How much time do I have? What is the first step I should take? Thank you for your time.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Rosemary,
Taking your daughter to the correct doctors was very important. If you are gong to pursue a claim against the daycare center you will need to consider removing your daughter from their care.
It will be difficult to claim the daycare center was negligent and at the same time leave your daughter in their care. The day care center’s representatives will want to know why you would leave your daughter in the same place you are alleging injured your child was injured.
Be sure to document your contact with the daycare center. Ask them for a copy of the Accident Report. They don’t have to give it to you at this juncture of the claim, but do your best to retrieve it.
Ask the doctors for written diagnoses and prognoses of your daughters injury. Those written documents will be very important in the pursuit of your claim.
There are some cases which don’t necessarily need the assistance of legal counsel. And there are some which do.
Because of the possibility of scarring, especially on your daughter’s face, we suggest you seek the advice of a local Personal Injury Attorney.
Most will not charge or an initial office consultation.
Seeking legal counsel will apprise you of your rights, and the obligations of the daycare center. You will learn if you have a good case, and if so what it will take to pursue it successfully.
Learn more here: What to Do If a Child is Injured in Daycare
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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Hypothetically – if a child wasn’t buckled into their chair by accident – but the eating table that attaches to the chair was clicked into place…then somehow, the caregiver turned around and then heard the child fall from the chair….there was no injury thank goodness but out of caution, the parents took the child to the hospital….where the doctor gave a good, clean bill of health, after charging a $500 fee for the service…of which $200 deductible wasn’t paid for by the parent’s insurance. The parents charged the small home daycare provider the $200. Should the daycare provider pay?