As a parent to an injured child, am I able to pursue parental loss of consortium?

Question

My child was injured at daycare and was put in a spica cast for 4-5 weeks. Life has been anything but “normal” since this happened. I have been sleeping next to her on the couch every night while she wakes up 2-3 times a night, on opposite nights of my husband. Things have become stressed between us, no physical contact or even a day date as finding someone to watch a child in a spica cast is pretty impossible. We are new to the area with only my parents who want ZERO to do with a lawsuit and have already stated they would not continue having a relationship with us if we pursued any sort of lawsuit. Please advise.*for any reference, I ask this as if we have no support in Florida, we will have to move back to friends/family 1600+ miles away. My husband has stopped working due to not feeling comfortable that she could get hurt substantially again at another facility. And without his income during current economic state we wouldn’t qualify for a mortgage, so we need our ducks in order*

Stephen Arnold Black · Answer

I think I responded to a question that you had earlier. An injury of this type can be very serious that could have permanent consequences for her in her future. Accordingly, the only way that you’re going to get justice is to file a lawsuit so you can get full “discovery” from physicians regarding her medical complications from the injury. In order to prevail, you would have to prove that there was a lack of supervision that led to this serious injury. I don’t think that that would be difficult to prove, because if the daycare workers were taking their job seriously your child would never have suffered this type of injury. Accordingly, before you sign a retainer agreement for representation, make sure that the lawyer that you retain is going to file a lawsuit. Many lawyers don’t know how to do that nor have they ever done that. They just try to settle it for cheap with a non lawyer insurance adjuster. Once again this case could result in a very large settlement if it is pursued by the right counsel. We are not allowed to solicit your case, as State Bar rules prohibit that. But you can reach out to one of us after you have researched our backgrounds. Finally, As my colleague wrote earlier, any settlement that is obtained would be placed inside of a minors settlement trust that she would access when she reaches adulthood. A guardian ad litem that is appointed by the court would need to be appointed to approve any minor settlement that is over the amount of $15,000. Please excuse any type a graphical errors as I am dictating this into a microphone device. Thank you

Stephen Arnold Black · Answer

You could still pursue a lawsuit in Florida despite that you and your family relocate to another state.

Q: As a parent to an injured child, am I able to pursue parental loss of consortium?