Legal Question in Personal Injury in New York
Injured at Day Care
My daughter fell at day care yesterday, 5/23/03. When she fell she banged her head on the corner of a table. The result she got ''too many stitches to count'' per the plastic surgeon. I would estimate 25-35 but who knows, it was too hard for me to watch at times. My daughter is two and adorable and she willnow have a scar on her face. I do realize this was an accident and I wans't there to witness but I question certain things, such as i the day care room arranged right for her age range. They have wooden racks in the midst of the room holding toys. Next when I dropped Alexa off she was left with one lady and 8 children. I know more come in shortly but this against the requirements for her age range. I dropped her off at 7:30 ish and about 1/2 an hour later I got the call. When I picked her up I questioned the medical bill because my insurance only covers 90% and in accidents they want me to sign a paper stating I will not get money from a 3rd party. They advised that thet would cover her medical bills but I didn't get it in writing and I am not sure how much will be covered. But is there anything else we can get? What if later the doctor thinks a second surgery may minimize the size of scar. Please advise..
3 Answers from Attorneys
Re: Injured at Day Care
The key to the accident, is the fact that the table had a corner....Tables in day care facilities should not have corners, but should be rounded or padded. I am interested in assisting you. I have handled similar cases involving children, including playground accidents, and waiting room table accidents. I have offices in midtown Manhattan and Bergen County, New Jersey.
More information on my practice is available on my website at www.bergenlaw.com.
Please feel free to contact me directly by e-mail at [email protected], or toll free on Tuesday at 1-800-784-5140.
Lawrence Simon, Esq.
Re: Injured at Day Care
It is forseeable that young children will fall or have accident in day care. Therefore, the Day Care center should have used tables with rounded edges.
You should be able to recover your out-of-pocket medical expenses but DO NOT sign any papers without showing it to a lawyer first. The day care center of its insurance company may try to trick you into giving up your child's rights.
In addition, if there is going to be a permanent and visable scar, your child may be entitled to money for pain and suffering.
My firm handles these cases on a contingency basis. If you would like to discuss options, please feel free to call at (212) 622-7180.
Good luck.
Re: Injured at Day Care
You have my sympathies at your daughter's injury. I hope the scar will not be visible. Skin heals very well at that age. Of course, this is a nightmare for you, her mother. I remember my own mother cross-examing the doctor when I received stitches when I was 4 years old! I, a little kid, didn't understand what all the fuss was about! (Of course, now I understand all of it very well.)
It is likely the day care center made some mistakes - the table corners, accepting children before staff arrived, and perhaps some others. The day care center does (they are required by law) have accident (liability) insurance and these companies are very interested in these accidents - both in preventing them and the possible litigation surrounding them. They often give training and instructions to their clients on how to minimize their liability.
My advice is: The paper you signed about the '3rd p[arty' may indicate that your insurance company gets re-imbursed if you collect any money from a 3rd party. It looks to the future and does not affect any current payments or coverage. The further plastic surgery is probably covered by your policy and the co-payment may be different for emergency care and surgery. Your benefits co-ordinator can answer your questions. You are welcome to a consultation at no fee at my offices at 42 west 44 st, ny,ny. please call for an appointment first - 646-591-5786.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
