How much claim should I file for a broken leg due to the day care’s negligence?

Question

My two-year old son got his leg broken at a day care center. It was a broken tibia but he got a cast on his right leg from the floor all the way up to his thigh.

Dennis P. Mikko · Answer

The amount of the claim would depend on the amount of damage.  What is the prognosis for his recovery?  Will there be ongoing problems with the leg?  You should consult with a personal injury attorney who after reviewing all the facts and medical reports can make a better determination as to the amount to claim for damages.

Pejman Javaheri · Answer

The prudent course of action would be to contact a personal injury law office and they would be able to make a determination based on the facts, if the day care provider  was at fault.  If so,  then you may be able to bring a claim on a contingency basis which means that the firm would not charge you a fee unless they secure you a settlement.  As to the specific value and amount; that would depend upon the medical bills past and future and whether your sons injuries will be permanent.  It will likely be significant.

James Osak · Answer

Whatever you can get. You have to PROVE your damages .

William C. Gosnell · Answer

Medical bills plus pain and suffering

Richard S. Goodman · Answer

A PI case can be a complex matter for a non attorney to handle. A child's parent cannot settle a claim for more than $5000 without court approval. A claim cannot be assessed without reviewing the medical records, learning about the liability, following the child's recovery, and checking on a medical lien. Best to contact an attorney.

David Stoddard · Answer

Cannot say.  I would need more information, including what the day care did, or failed to do that was negligent, how much your medical bills are, and whether the doctors think there will be any long term problems with the leg.

Jeffery Robinette · Answer

The day-care facility should have a medical payments coverage for such injuries.   You should approach the owner and request that the medical bills be covered by their insurer.    If inappropriate conduct was suspected, causing your child's injury, then you should contact a personal injury lawyer and discuss the details of the situation.

Steven Urban · Answer

You usually will need a lawyer for this because no one will want to pay  you for your child's injuries unless they get a release and your child  can't give a release because he is a child.  The way you usually go  around this is by filing a lawsuit, having a guardian ad litem appointed  for the minor and then reducing the claims to judgment after proving to  the Court that the settlement is fair to your child.

Jeffrey Lapin · Answer

Assuming that the daycare center was negligent, which I cannot say if it was as you do not provide any information about how your son's injury occurred, then there are actually two claims. First, you have a claim, in your own capacity, for any medical bills incurred for your son's injuries as well as your wage loss, if any. Parents are responsible for the medical expenses of their children. Second, your son has a claim, which can be brought by you as "mother and next friend, for his pain, suffering and any permanent injury.  I cannot provide you an amount that you should ask for from the daycare center without a lot more information including, but not limited to: total medical expenses; your wage loss; how long you son was in the cast; and will this cause your son problems when he gets older.  I would suggest contacting a personal injury attorney. Most offer a free initial consultation and you can get more information about your rights, options and the possible value of the case.

Richard Damon · Answer

You can ask for the amount of medical bills, plus compensation for your son's pain and suffering.  Any settlement would have to be approved by the court and your son's net recovery would be held in a blocked bank account until he is 18.  You wouldn't get any of the money, except the out of pocket cost to you of the medical treatment.

Ronald A. Steinberg · Answer

If you entrust your child to a facility that holds itself out as being professional and skilled in caring for toddlers, and in the process, the child gets hurt, you absolutely have the right to pursue a claim.  What story were you told as to how the accident happened?  They have the responsibility to explain, but that does not free them from the responsibility of paying for their negligence.

Britany Engelman · Answer

It depends on the amount of medical bills that your son has accrued. The liability of the day care center is also a consideration. You would be wise to consult with an attorney about this matter as soon as possible.

Thomas Bulman · Answer

You should not consider a settlement until he is recovered or the statute of limitation approaches.  In most states, a minor has extended time periods, but call us now if you don't know the S/L for your jurisdiction.   Submit medical bills to all insurers for the daycare and your health insurance.  If there is video, get a copy.  How did the fall occur?

Paul Whitfield · Answer

Wouldn't you think it depends on whether they were negligent in causing the injury. I don't know that the day care guarantees that your child wont be hurt. I think you are going to have to prove negligence. Can you?

Melvin Franke · Answer

See a lawyer; claim a lot

Timothy Klisz · Answer

That's a significant injury. I would be happy to discuss the matter with you directly, because liability can affect the value of the case.

Steven D. Dunnings · Answer

Hire an attorney.  Evaluated a claim is more involved than you think.

Jules D'Alessandro · Answer

You should not.  This is a serious injury that should only be handled by a lawyer who can get your child the optimum amount of compensation and set it up in a long term structured settlement.

Ernest Krause · Answer

Has day care admitted negligence?  The insurance company would outfox you. Interview several lawyers and pick one who seems competent.

Michael Heilmann · Answer

Compensation depends on the damage that the child is left with. If the break impairs the growth process of the leg could greatly increase the offer.

Andrew Velonis · Answer

Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. Many people use this site to ask what their case is worth. Our answers are always: Get in touch with a personal injury lawyer in your area. That is the best way to get the best result in your case.

Barry Regar · Answer

You can't even consider trying to settle his case at this point.  If the break was in the growth plate area there could be a problem with his rate of bone growth in the broken leg.  This means it is possible for one leg to end up shorter than the other.  You need to understand the full extent of his future prognosis before thinking about money.  He has until he is 20 to file a lawsuit for his injuries.  Although I am not suggesting you wait years to do anything about the claim.  You need to speak with an experienced personal Injury lawyer to fully understand his rights.  You can't settle a minor's case for a serious injury without court approval.  The judge will require a recent medical report which must include a diagnosis and prognosis.  Just because the accident occurred at the day care facility, it is not necessarily the fault of the facility.  You didn't state why you felt they were negligent.

Raphael Hedwat · Answer

The amount of the claim is very important and should be analyzed by legal counsel in order to get maximum value.  Bodily injury claims (like your) can include various items according to current California Law.  Also, a thorough reading of all medical records by an experienced personal injury attorney should be conducted in order to get an accurate determination of the amount of the claim.

James Kelaher · Answer

You'll need to hire a personal injury lawyer because you might have to set up a guardianship anyway to assure that your son gets the money.

Thomas Edward Gates · Answer

Not enough information is provided to respond completely, but you do have a case.

Bernard Huff · Answer

You should retain a plaintiff's personal injury or accident lawyer to fairly  evaluate your son's case to let you know how much it's worth, including your  son's broken tibia.

Eric Rothstein · Answer

It depends on how good the liability is - you have to prove they were negligent - and what his medical outlook is. You will need a Judge to approve any settlement given you son is a minor; this will require a doctor's report. You should retain a personal injury lawyer.

John Brennan · Answer

See an attorney, and be prepared which a report from your son's doctor about the nature and severity of your son's injury and its possible long term effects.

Gregory Casale · Answer

That is a question that require a lot more information before anyone can answer it. Also, you should have a lawyer representing your child on this. It is almost impossible for you to get as much for your child as a lawyer can, even after deducting the 1/3 legal fee.

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How much claim should I file for a broken leg due to the day care’s negligence?

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