Legal Question in Personal Injury in Alaska

Injury at Day Care Center

See a local attorney.It is impossible for us to give meaningful advice on a case like this over the internet.See a local attorney.If you are concerned about what the attorney will tak from any settlement, you might be interested in knowing that national studies have found that attorneys increase settlement awards by far more than the amount they take as their fee in such settlements.See a local attorney.

Find a professional and ask these questions

I agree, you should contact your local bar referral service if there is one in your area, otherwise go by personal recommendation.As the following questions:1. how much of your time is devoted to personal injury?2. do you have malpractice insurance?3. What has to be done to protect my child's claim now? How long until we have to make a claim (in some states you can wait until age 18)4. Does such a settlement require court approval?Don't settle quickly unless you can obtain policy limits.We often see overgrowth in these type of fractures so the child could end up with a leg or arm longer than the other one which can cause other problems.Is there "med-pay" you can collect separate from the liability part of the claim?Finding the right professional is important! Don't do this yourself. If you can't otherwise find an attorney, try the ATLA for attorneys in your area (American Trial Lawyers Association). Good luck

Day care center injury

Just because of the injury occurring do not assume that the day care center committed negligence, that is, was unreasonable in the care of your very young child. Inquiries could be based on the difficulty of the device: was it demonstrably for an older child; and/or lack of supervision commensurate with the danger, i.e. did the day care worker go around the corner for a cigarette break. If there is fault/negligence, then damages will depend, it seems to me, on the long range outlook. I assume the child is too young to have much conscious awareness of the injury, i.e. pain and suffering damages. Settlements, in my view, should never be negotiated unless all of the medical picture is complete: you only get one turn at the plate for your child and cannot go back to a new jury years from now if new and fresh or more grievous injuries develop after the settlement. Time to sue is very very state based, and you have two claims: one for you as parents and the other on behalf of your child. Your claim will have a shorter time string on it than the child's. A typical state might have it as 2 or 3 years for the adult, from the date of the injury, and 11 years up to whatever it takes to reach age 18 or 21 for the child. Again, state by state there is variance. Finally, both verdict and settlement amounts are driven in large part by the city in which the case can be filed. Urban areas typically are reported as more generous than rural areas.

In responding to your inquiry, my law firm is not providing you with legal advice; nor is an attorney client relationship being formed. Rather, the information is offered to help you in your thought processes as you begin to decide whether to engage an attorney to act on your behalf. We will not represent anyone without a written agreement signed by all parties.