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Also called an attorney a day care lawyer is a law professional who helps parents of children who have been injured in a day care recover compensation for the injuries and medical bills. The circumstances and the extent to which the day care will be held responsible will be controlled by the personal injury and premises laws if a child has been injured in a day care premises. Through negligence or physical and psychological abuse can an injury in a day care be caused. Negligence can result from a day care attendant being not keen and not taking good care of the children. Physical abuse can be in the form of food deprivation, forceful feeding, sexual assault and battering.
On the other hand, psychological abuse can be in the form of verbal insults, verbal degradation, isolation, threats and manipulation by the staff.
A prove that the day care had a duty to care for their child and that that they breached the duty of care and out of the breach an injury to the child was caused is a must for one to establish a claim for negligence. First, a child should complete medical treatment for the injuries before one can file a lawsuit against the day care facility.
After completion of treatment one should obtain the medical reports and medical bills. The extent of the injury caused to the child and the nature will be documented by the medical reports. The amount of compensation for pain and suffering it will also determine. The medical bills and compensation for pain and suffering should actually be included in the child’s claim. Appointed as the guardian one should be so that they can sue the facility on behalf of the child since a child is a minor.
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To prove negligence caused a child’s injury, one should prove that the day care facility failed to prevent a foreseeable injury to the child. There are factors to consider and they are the cause of injury or how the injury occurred and the nature of the injury and whether it was foreseeable or not. Thereafter one needs to prove causation. After a duty of due care and a breach of that duty has been established, one needs to prove causation. A lawyer in settling the issue can help.
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Settlement offers in a day care law suit requires prior to filing a law suit that one present the claims to the insurance carrier of the day care facility. An attorney who specializes in personal injury might be required to review a proposal for agreement settlement just to be sure that one does not waive any of their child’s rights or remedies.