Can I sue the daycare for negligence because my daughter suffered a skull fracture but there were no cameras there for proof?
2 attorney answers
You can absolutely sue the daycare, and you should strongly consider speaking with an attorney about that. Skull fractures and brain injuries are serious matters.
I wouldn't at all consider the camera issue something to prevent you from talking to an attorney. I don't think it's uncommon for a daycare facility to be without surveillance cameras. There are a number of ways to prove what happened without video evidence. An attorney will help you determine if it's possible, and how to do it. The day care is likely required to have insurance in order to maintain a license, and it's going to be the insurance adjuster that decides whether to pay on your claim, not whoever you spoke with at the day care.
When there is a minor involved in a personal injury claim, a court appointed attorney known as a GAL often is involved. If your child recovers any money from the lawsuit, the settlement is typically reviewed by a GAL, and the Court has to sign off on it. The money is then typically held by the Court on behalf of the minor until they reach the age of majority, which is 19 in Alabama.
I suggest you speak with a local attorney regarding the situation. You can sue. If you have significant injury, then you definitely need to seek specific advice. You cannot ignore what could be a long term injury. The fact that there were no cameras is not an impediment against you. You should also be careful regarding any suspicions by the hospital. If there is any question, they have a duty to report the injury. You may want to speak with an attorney before you answer any questions by DHR. They would be present in a governmental role. Any information they obtain is intended to be used as evidence, which could include evidence to be used against you. Be careful. I wish you the best.
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