Our 3yo daughter fell at daycare at cut her eye on broken plastic bin used to hold her blanket and sheet for naptime.
The bin was cracked and broken prior to her falling on it. She received cut just above her eye that required a trip to the ER and glue to close the wound. We just received the bill totalling $1160.00.
Are we within our rights to ask the daycare to pay this bill?
10 attorney answers
You are well within your rights to ask, you may have a more viable claim which is why I would suggest you speak with a local personal injury attorney to determine your best course of action. Avvo has a great find a lawyer tool that can help. Best of luck.
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Your daughter is likely to have a nice scar from the cut. Sometimes those heal. Sometimes those fade with times. Other times, those stay large and elevated and you need to apply extra sunblock to avoid discoloration. You should call a personal injury attorney in your area for a free consultation.
You should ask if they have insurance to pay as the incident occurred on their property; they may very well have coverage that provides medical payments up to at least $5000.00. If you have proof that the bin was cracked prior to the fall and that the day care knew or should have known about it, there may be a negligence claim otherwise. It would be best to speak with an attorney who is experienced in handling personal injury claims if there is any residual scarring which might justify some significant value to the claim.
It is always best to speak in detail with an attorney when seeking answers to legal questions. You should not depend upon an answer to a legal question that is only based upon your initial inquiry which may not contain all of the facts necessary for one to make an informed opinion. I suggest contacting someone local to your area in order to go over more of the specifics related to your situation.
I'm sorry to hear about your daughter's injury. That must have been a frightening experience for her and for you. You are within your rights to request that the daycare pay the bill, but I would suggest that you consider talking to a lawyer first. Did your daughter receive any follow-up care with her pediatrician or another doctor? Have you talked to a medical professional about whether there could be any long-term affect of this injury on your daughter's health? If there's a possibility of long-term consequences, it may be best for your daughter if you pursue a personal injury claim on her behalf so that your family won't be stuck paying for future care out of your own pockets (and possibly, depending on what that care is, struggling to afford the extra expense). You should have no problem finding an attorney who practices in Pennsylvania and who is willing to discuss your options during a free consultation. You can use the Find a Lawyer tool here on Avvo to look for an attorney with a good rating. Even if a lawyer doesn't think you need to pursue a claim, you can ask him or her any questions you have. I hope your daughter makes a speedy recovery!
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I am sorry to hear that this happened to your daughter. I agree with the other attorneys who have answered this question. It is best to use the attorney locator on Avvo and find a local personal injury attorney. Look for an attorney who will provide an initial consultation free of charge (which is most of them). At that time, the details of the incident can be fully explored and a determination can be made whether you have a valid claim. Best of luck to you and your daughter in her recovery.
Yes. You certainly are. You can also ask for pain and suffering and other damages if there is permanent scarring
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Scars on young females can be worth a lot of money, so certainly retain a local Allentown personal injury lawyer. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
You are certainly entitled to be reimbursed for your medical expenses and I would encourage you to speak to an attorney specializing in personal injury claims. Your daughter may be entitled to additional compensation for her injury, especially if there is any scaring.
Best of luck with her medical recovery and your potential claim.
I am sorry to hear about your daughter's injury and hope that she has a swift and complete recovery. Your daughter's injury may have been caused by the day care operator's negligence. If that is the case, and you can establish causal negligence, the day care operator's liability insurance carrier may be responsible to pay your medical expenses as well as other damages such as pain and suffering and disfigurement. In addition, businesses some times have medical benefits coverage that will pay medical expenses for injuries occurring on their property without regard to fault or liability. You may want to contact a personal injury lawyer for a consultation, and you may want to ask the day care if they have medical benefits coverage under their insurance policy.
Yes you are further they are responsible for all pain and suffering.
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