Visitor Question

Child’s arm broken by daycare teacher…

Submitted By: Anonymous (Houston, TX)

My child’s arm was broken when the daycare teacher snatched her up from the floor. The teacher was fired and the center was cited by the state. Can I ask the daycare to compensate me for the medical bills, days off from work, and cost of fees at new daycare? Also, how long do I have to file a claim and should I contact an attorney? Thank you.

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 Anonymous,

Based on the facts you present, it appears the daycare center is liable for your child’s injuries and resulting costs. These costs can include your child’s medical, bills, your out-of-pocket expenses, and your lost wages (for the times you had to take your child to medical treatment, and for the time spent at home caring for your child). Finally, the school will be responsible for compensating your child for his or her pain and suffering.

Some injury claims can be adequately handled by a victim. These include strains and sprains to muscles, ligaments and tendons, minor burns, abrasions, whiplash, and the like.

However, there are other injury claims which almost always require experienced legal representation. These claims can include fractures, head trauma, 3rd degree burns, scarring, and other similarly serious injuries.

Your child’s injuries are quite serious. The circumstances of the injury are inarguable. The teacher not only injured your child, but her employment was clearly terminated because of her inappropriate actions leading to the injury of your child. Your case is strong and it should be easy to find an experienced personal injury attorney to represent you.

Contact several personal injury attorneys in your area. Most do not charge for initial office consultations. Gather your child’s medical records and make appointments with several attorneys. Once you’ve visited with these attorneys you will have a much better idea of the viability of your daughter’s injury claim, the probability of success, and the general amount of compensation you can expect.

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) 647-2490.

Best of luck,

Published: October 19, 2017

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