If the daycare was negligent in any way that led to your child’s injury, they may be liable for the associated medical expenses, as well as other damages, such as your child’s pain and suffering. It’s likely that the daycare has insurance for this situation, and we will typically begin by filing a claim with the insurer. In some cases, we may also suggest a lawsuit against the daycare itself or a third party.
You can file two claims, one for the medical bills you will be expected to pay as the child’s parent, and one for the child’s damages. If these claims are successful, any money paid on your child’s claim will usually be directed into a trust until they’re 18, but in some cases, your attorney may be able to work out a structured settlement. Compensation for the medical bills should be made available to you when the judgment is paid.