Was your child still given nuts at daycare after you informed the staff that he or she is allergic to them? If you ended up having to rush your child to the emergency room due to symptoms flaring up, you might be able to file a lawsuit. You can consult with a lawyer to learn what your rights are in the situation. In this article, you will learn how a lawyer might go about helping you get justice for what your child went through.
1. Discuss Your Child's Nut Allergy
Your lawyer will want to know details about your child's nut allergy, as well as what kind of nuts he or she was given at the daycare center. You must explain how your child's body reacts when he or she consumes peanuts. Your main focus should be the specific reactions on the day of the incident, as it will determine how much you can sue for. For instance, if your child ended up being admitted into the hospital for life-threatening anaphylaxis, it makes your case more serious.
2. Prove That the Day Care Knew of Your Child's Allergy
Your lawyer will need documents that can prove that the daycare staff was aware of your child's nut allergy. For instance, if you have copies of documents from when you first enrolled your child in the center, they might be sufficient enough for evidence. The documents must clearly show that you informed the daycare staff about the nut allergy. The lawyer might also speak to the daycare staff to find out if the specific person that gave your child the nuts was fully aware of what he or she was doing. Criminal charges are possible if the staff member purposely gave your child nuts.
3. Discuss What You Can Receive in the Lawsuit
Your child's medical bills will be needed so you can get compensated for them. Future medical expenses for the incident can be obtained in the lawsuit as well. You can also get paid for your own pain and suffering that was caused from having to see your child suffer. Any wages that were lost due to having to take time off from work to care for your child can be compensated as well.
4. Try to Settle the Case in a Fast Manner
The lawyer will try to make your case as speedy as possible by trying to get the daycare owner to agree to a settlement amount outside of court. If a settlement is not reached out of court, the lawyer will push forward with presenting your case to a judge. Contact a personal injury lawyer about your child's daycare incident as soon as possible.
For more information, contact a firm like Bishop Dorfman Kroupa & Bishop PC.