QUESTION
Do I need a lawyer for my daughter that was abused and neglected at daycare?
Asked on Apr 11th, 2017 on Domestic Violence - Wisconsin
More details to this question:
My daughter is 3.5 years old and has gotten hurt several times at her childcare. The person who hurt her is a older child much larger than my daughter and very aggressive. The child has left marks on my child and damaged her glasses. She has gotten hurt many times from him. Her teachers deny or do not tell me she got hurt. My daughter tells me she got hurt or I can visibly see the injury. Not only being hurt, she was scared to death of him, not wanting get to go to school, has developed anxiety and strange ticks the past few months. I have talked to the teachers, the director. They have done nothing, not even a apology. I worked at the school she attended and also witnessed alot. I lost my job I feel because of my own anxiety for my daughters care. Do I have a case?
1 ANSWER
4 Awards
You will need to prove that the day care center was negligent and knew that there was a problem with the other child picking on or abusing your child. If you pursued the case in behalf of your child, most likely the insurance company will deny the claim and force you into a lawsuit. The lawyers would have to do extensive pre-trial discovery by taking deposition testimony of all the workers at the day care center and the manager to see what they know. Unless your child suffered some type of catastrophic injury, it may not be worth all of the work that will be required to pursue the case. The statute of limitations for injury to a minor is 2 years past the age of majority in Wisconsin. Failure to file the lawsuit within that time frame would forever bar the claim.
Answered on Apr 12th, 2017 at 5:19 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com