Legal Question in Personal Injury in Pennsylvania
Daycare Negligence
My daughter was injured at daycare 10 years ago (she's now 11) and I never took legal action. I was told she tripped and fell and she split her forehead and needed to be taken to emergency room and received stitches. I never took legal action and was just informed that I still have time to do so. Is this information correct? SHe now has a scar that will be with her for life on her forehead.
5 Answers from Attorneys
Re: Daycare Negligence
The Statute of Limitations is two years. However, since she was a minor, the two years does not begin until she turns 18.
Re: Daycare Negligence
Under Pennsylvania law injured children can sue for personal injury in most circumstances until two years after they reach their 18th birthday.
Re: Daycare Negligence
All of the postings regarding the statute of limitations are correct. Under NJ law the same would apply, you have up until 2 years following her 18th birthday.
The issue really at this point is whther you can prove a case. The mere fact your daughter was injured is unfortunately not enough. We have to prove that there was negligence in the supervision of your child or maintenance of the property. There has to be a causal connection between some act of failure to act and the accident/injury.
If the accident occurred in NJ, you will almost certainly need a NJ attorney. We would be happy to review this with you without cost or obligation.
I hope that this answers your questions. I can be reached at 800-34 NJ LAW. Adam L. Rothenberg.
Re: Daycare Negligence
Your daughter has until her 20th birthday to file a formal lawsuit with the court in Pennsylvania. However, at this point I would not wait any longer. It may be a problem if the day care center goes out of business. You should speak with an experienced personal injury lawyer. My office has handled these types of case for over 25 years. Please call me if you would like to discuss this case. There is no charge for a consultation, & no fee is charged unless we recover money. Good luck!!
Re: Daycare Negligence
yes she does have time.however, unless the scar is serious, itmay not be worth puruing. You can call me to disuss
800-310-4800
SCOTT E. DIAMON
LL.M. TRIAL ADVOCACY