- November 3, 2023
- Posted by: legaleseblogger
- Category: Related News
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## My four-year-old nephew’s finger injury: An urgent situation
Yesterday, a heartbreaking incident occurred at my nephew’s daycare, resulting in the severing of his finger. Despite the immediate actions taken by my mother and sister-in-law, who rushed him to a specialty children’s hospital located an hour away, the situation seemed bleak. Fortunately, the medical professionals at the hospital were able to successfully stitch up his finger, potentially preventing the need for amputation.
## Seeking legal assistance in Alabama – a frustrating endeavor
Last night, my sister-in-law, still in a state of shock and distress, made the brave decision to contact two lawyers based in Alabama. Regrettably, both attorneys brushed her off, leaving her feeling discouraged and uncertain about the potential course of action. I couldn’t help but wonder if she may not have been able to articulate the severity of the situation effectively. Much to our dismay, she hasn’t yet been able to obtain a copy of the police report or the daycare’s video footage, which could provide valuable evidence.
## The role of AI Legalese Decoder in this distressing situation
Fortunately, we have an invaluable tool at our disposal that could potentially alleviate some of the stress and uncertainty surrounding this incident – the AI Legalese Decoder. By utilizing this groundbreaking technology, my sister-in-law can ensure that she presents her case in a clear and comprehensive manner, abiding by legal standards. The AI Legalese Decoder can assist her in translating her concerns and experiences into well-structured legal language, enabling her to effectively communicate the gravity of the situation to potential legal representatives.
## Assessing the legal options: Does she have a case?
The text message sent by the daycare director to all parents today, which can be viewed [here](https://imgur.com/a/PaoULfL), has left me seething with anger on behalf of my devastated nephew and my sister-in-law, who now faces the burden of a potentially substantial hospital bill due to the daycare’s negligence. Considering these distressing circumstances, it becomes crucial to question whether legal action is warranted.
## Pursuing legal recourse in the face of negligence
Undoubtedly, the question of whether my sister-in-law should pursue a lawsuit arises. I firmly believe that she should, and she shares this sentiment. Nevertheless, the fact that the two lawyers she approached initially brushed off her claims bolsters my concerns. Living in New York City myself and having been disconnected from Alabama’s legal landscape for almost a decade, I find myself uncertain about the level of legal protection available to victims of negligence in this specific situation.
In this daunting legal environment, the AI Legalese Decoder can serve as an invaluable ally, working alongside my sister-in-law to analyze the legal implications and potential courses of action that she can pursue. Its advanced algorithms and vast legal knowledge can help her navigate the complexities of the legal system with confidence.
## Seeking justice for the innocents – a priority
In conclusion, my nephew’s traumatic experience and the emotional and financial toll it has taken on my sister-in-law demand urgent action. The AI Legalese Decoder empowers her to effectively communicate the gravity of the situation to legal professionals, potentially increasing the likelihood of finding the justice they deserve. With its assistance, my sister-in-law can regain a sense of control and actively seek the compensation necessary to cover the medical expenses resulting from the daycare’s negligence.
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AI Legalese Decoder: Streamlining Legal Language for Enhanced Understanding and Efficiency
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You can, and should, submit a claim to the daycare company’s insurer for any medical costs incurred due to the injury. There’s a very good chance they’ll pay out without opposition, which should remove any worry about medical bills. You may not even need a lawyer for that part.
If the accident happened the way the daycare described, and it sounds like they have it on video, then it’s unlikely you’ll be able to collect anything beyond that. Lawsuits over injuries that occur from children playing with each other, or which are not the result of clearly demonstrable negligence, are rarely successful. That’s probably why the two lawyers she contacted brushed your SIL off. Kids get their fingers caught in doors all the time, so unless there are additional facts indicating that the daycare failed to meet legal standards of care (children were unattended, child wasn’t given prompt and appropriate medical attention, etc), it’s going to be very difficult to establish their responsibility.
This seems like an unfortunate accident. I donÔÇÖt think door guards are standard for childcare. This is a terrible situation, but I donÔÇÖt see negligence.
She can consult some more lawyers, but if local lawyers arenÔÇÖt interested itÔÇÖs probably because they donÔÇÖt have a good case. If the incident occurred the way the daycare claims, itÔÇÖs going to be hard to argue foreseeability or negligence on the part of the daycare.
I’m not really sure the daycare was negligent, meaning that all the following elements were met:
Duty owed by the daycare to the child
Duty breached by the daycare
Breach of that duty was the proximate cause of injury
Specifically, I don’t know that they breached a duty owed to the child. The daycare would have a duty to reasonably supervise the children and to make the physical area free from reasonably foreseeable harm. Accidentally getting your finger slammed in a door hinge might not be a breach.
The daycare should have insurance, and it might carry “medical payments” coverage, which would pay a small amount toward the cost of medical care to a person injured on the premises, regardless of who was at fault. No matter what, it would be worth asking about.
Couple questions for clarification
First you said the childs finger got cut off.
Then you said it just needed stitches.
Then you said we were concerned it might need to be amputated who is we? Concerned parents? An aunt/uncle from 8 states away, and based on cellphone pictures? Or medical professionals?
IÔÇÖm with most of the commenters here, you likely donÔÇÖt have a case for negligence, and until youÔÇÖve got video to confirm the presence of caregivers (or lack thereof), thereÔÇÖs not much you can do.
It sounds like this was an unfortunate accident where a child got hurt, and received some stitches.
It also sounds like youre trying to blow this up and youre giving emotionally charged responses Рwhich arent legally binding in a court case. Specifically claiming a childs finger was cut off Рwhen the reality is that he got some stitches.
Sorry to break it to you, but if lawyers are brushing off your SIL then that means she doesnÔÇÖt have a good case whatsoever and they know they canÔÇÖt win it in court.
IAAL, but not your lawyer.
Others have already said it, but thereÔÇÖs no real case here. YouÔÇÖd have to prove the teachers werenÔÇÖt exercising the proper standard of care and/or that door guards are proper/required/expected. Even then, the fact that your sister kept your nephew there knowing they were allegedly being negligent would weigh against you.
While you could sue because you can literally sue for anything, it would be pretty easy to prove the teachers/daycare werenÔÇÖt at fault.
What is the negligence? I’m not sure I see it.
If 2 lawyers have already brushed her off and wonÔÇÖt look at the case, the chances are very high that she wonÔÇÖt win the case or she doesnÔÇÖt have one.
Judging by the text they took accountability, understood what had happened, and made sure everyone was aware of what had happened, and are taking the proper measures to ensure that a freak accident like that will not happen again.
This obviously sounds like it was a one time thing from my understanding, and the fact your sister wants to sue (I understand bc itÔÇÖs her kid) I just find it weird to me.
I dont see any negligence here on behalf of the day care. This truly appears to be an “accident” amongst two children and a door. The door appears to have functioned as designed. There is no maintenance issue on behalf of the daycare.
Even supervision really would not have prevented this.
The daycare probably has insurance and a claim should be made.
It was an accident, and I haven’t seen any evidence of neglect, unless there are many similar accidents at this facility. Also, they immediately alerted everyone to the incident and took measures to insure that it wouldn’t happen again.
Unless the circumstances of the door being slammed on his finger were something more than they appear to be, I don’t think there’s much to gain from legal action.
On a personal note, I hope he’s feeling a lot better, and that he heals quickly, well, and with as little pain as possible.
The daycare may not be able to release the video footage to you directly because there is another child involved that does not belong to you. They have a right to privacy. You need to find a personal injury lawyer or ask to file with their insurance yourself. Someone would then need to request the footage.
Everyone is saying it sounds like you have no chance but IÔÇÖm not even sure I understand what happened. Why were the children even messing around at/with the door? Where were the staff? What is the staff to child ratio? What was it that day? What were the kids supposed to be doing? An activity? WeÔÇÖre the coming or going from the classroom? Kids find trouble, yes, but they should not have had enough time to be messing around with the door before staff noticed.
They should have a Student Accident policy that should cover all Medical Bills. Be sure to talk to the Dirextor or Owner to file.
If no one will take her case that’s a pretty good sign she doesn’t have one.
Was this daycare operated by a church? I ask because church daycares are exempt from just about all regulations that apply to privately-run daycares in Alabama (although some of them comply with DHR regs voluntarily, which may be why the daycare called DHR to report the incident). See [https://dhr.alabama.gov/child-care/license-exempt-day-care-facilities/#:~:text=Preschool%20programs%20which%20are%20an,submitted%20to%20the%20department%20](https://dhr.alabama.gov/child-care/license-exempt-day-care-facilities/#:~:text=Preschool%20programs%20which%20are%20an,submitted%20to%20the%20department%20)(view
This may impact any potential legal claims and also a lawyer’s willingness to get involved, unfortunately, because of the influence churches have in Alabama.
Other comments seem to be generally correct, but IÔÇÖd definitely chat with a couple plaintiffÔÇÖs attorneys before deciding that thereÔÇÖs no case. We donÔÇÖt have enough info about the door, room layout, supervision, etc. to know whether negligence was present and was the cause of the injury.
Plaintiff attorneys by and large do not charge their client up front, but take a large cut (think 35%) of any recovery.
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Definitely submit a claim to the daycareÔÇÖs insurer. They might pay medical bills without much of a fight. Demand to see the video as well, and say that if they donÔÇÖt show you the video to prove the teachers were in the room, youÔÇÖll pursue them for negligence
ThereÔÇÖs a lot of advice in here that may be technically true regarding negligence.
However, itÔÇÖs clear that many commenters have never actually dealt with Personal Injury complaints and their resulting settlements for even the most banal injuries.
OP, IÔÇÖm not your lawyer but I would keep reaching out to Personal Injury firms. I would be shocked if someone isnÔÇÖt willing to take this case just for an easy settlement from the daycareÔÇÖs insurance.
This is best going to an actual lawyer with. The footage is going to be key evidence here as well if they were actually watching it negligent.