Q: Can I sue a daycare for negligence and personal injury?

A: You should retain counsel on contingency fee here in Florida which means you don’t pay anything unless you win. Additionally, Counsel should get a preservation of evidence letter out immediately to see if there’s any video footage that needs to be preserved. Act quickly. This website prohibits us from soliciting your case, but you could research our backgrounds and reach out to one of us.

A: Yes, to add to Mr. Black's answer, you as the natural guardian of your minor child can make a claim, which should start with a prelitigation claim to the daycare's insurance company, and if not settled there, then sue in court. In the event the net settlement to your child (separate from your own economic losses) exceeds $15,000, a legal guardianship will have to be set up, with the funds being placed into a guardianship account until your child turns 18, with limited types of expenditures on the child' s behalf allowed before age 18

upon court approval of the expenditures.

A: You should directly contact a lawyer to discuss your options. Speak with a lawyer and not simply an intake specialist. The daycare may be negligent and responsible for your child's past, present, and future medical expenses as well as pain and suffering. Moreover, there may be some medical expense coverage from the daycare's insurer that may pay for some of the medical expenses incurred while you pursue additional claims against the daycare.

A: Spiral fractures can cause lifelong complications. I had a case similar to this and we hired an expert physician who established that these types of injuries could result in deformity of the femur bone as the bone graft growth is meaningfully affected. You should retain counsel who will file a lawsuit and hire the necessary expert physicians who can explore the seriousness of the child’s injury so as to maximize the monetary recovery. Any proceeds of a settlement or verdict would be placed into an annuity to be distributed at the age the child reaches adulthood, usually 18-25. If needed, the court order approving the settlement would allow the child to access the annuity proceeds prior to distribution if a surgery is required.