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The Duties of a Day Care Lawyer A day care lawyer is law professional also called an attorney who helps parents of children who have been injured in a day care and the children recover compensation for their 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. In a day care injury might be caused through negligence or physical and psychological abuse. 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. Psychological abuse on the other hand can be in the form of verbal insults, verbal degradation, isolation, threats and manipulation by the staff. One must prove that the day care had a duty to care for their child and that they breached the duty of care and out of this breach an injury was caused to the child so that they can establish a claim for negligence. A child should complete medical treatment first for the injuries before one can file a lawsuit for negligence against the day care facility. Obtaining the medical reports and bills is what one should do after completing the treatment. The medical reports will document the extent of the injury caused to the child and the nature. Also, it will determine the amount of compensation for pain and suffering. Actually, the child’s claim should include the medical bills and compensation for pain and suffering. 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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One should prove that the day care facility failed to prevent a foreseeable injury to the child in order to prove that negligence caused a child’s injury. Factors to consider are there and they are the cause of the injury or how it happened and nature of the injury and whether it was foreseeable or not. Causation needs to be proven by someone thereafter. After establishing a duty of due care and a breach of that duty one needs to prove causation. A lawyer in settling the issue can help.
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In a day care lawsuit settlement offers requires that prior to filing a lawsuit one present the claims to the insurance carrier of the day care facility. Just to be sure that one does not waive any of their child’s right or remedies an attorney who specializes in personal injury might be required to review an agreement settlement proposal.