Legal Question in Personal Injury in New Jersey

Accident

Live in NY but incident incurred in NJ. My daughter fell at day care,5/23/03. When she fell she banged her head on a shelf that holds toys. I would estimate that she received 25-35 sitches but plastic surgeon advised there were too many to count. I do realize this was an accident and I wasn't there to witness but I question certain things, such as if the day care room was arranged right for her age range (25 months). They have racks in the midst of the room holding toys. When I dropped her off she was left with one lady and 8 children. I dropped her off about 7:30 & about 30 min later I got the call. When I picked her up I questioned the medical bill because my insurance only covers 90% and with an accident my medical insurance will want me to sign a paper stating I will not get money from a 3rd party. A person at the Day Care center verbally advised that the facility will cover her medical bills but I didn't get it in writing and I am not sure how much will be covered. But what if her face doesn't fully recover? What if a future surgeory is recommended? This day care center is a chain and it is located nationally. What would be the cost to me the parent?


Asked on 5/27/03, 1:28 pm

3 Answers from Attorneys

Edward Weinstein Law Office of Edward R. Weinstein

Re: Accident

Thank you for your inquiry. It is my legal opinion that you most definitely have a claim against the day care provider. Furthermore, I am quite confident that I my office can assist you in this matter.

It would be my pleasure to speak to you about your situation. Accordingly, please feel free to contact my office at 732 246 0909 to discuss further.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.com

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Answered on 5/27/03, 1:32 pm
Scott Diamond DIAMONDLAWYER

Re: Accident

The day care center may be negligent in the manner in which they cared for your child. Perhaps she was not being watched, they may have violated rules of conduct by not having enough help, or the set up may be wrong. In any event, your health care is probably asking you topay them back should you wue and recover. Tha is typical. You may have a case for your daughter. The problem is how much is it worth. Does she have a scar, any other physical ailments? The day care should have what is known as med pay on their insurance to handle your co-pay or deductible.

Scott Diamond

800-310-4800

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Answered on 5/27/03, 1:46 pm
Daniel Clement Law Offices of Daniel Clement

Re: Accident

You have a vald claim for your child's injuries. Do not make any agreements with the day care center without first consulting with an attorney.

Let me know if I can be of help.

Daniel Clement

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Answered on 5/27/03, 1:52 pm


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