Legal Question in Personal Injury in Colorado

Hello,

On September 25th my 2 year old daughter was at daycare and either jumped or fell off of a chair in the backyard. I took her to urgent care and it turned out that she broke her femur. We had to stay the night at childrens hospital and she was put in a spica cast until last Thursday 11/5. I have asked the daycare if this is something that they can claim on their renters insurance since we have many out of pocket expenses as well as missing work and we still dont know how well this will heal. The daycare has indicated that the renters insurance only covers personla posessions in the house. She claims to be a licensed daycare provider so does she have to carry some sort of liability insurance and are we eligible to receive reimbursement for the injury? If it turns out that she has no insurance could we file a claim against the actual homeowner?


Asked on 11/09/09, 7:42 pm

1 Answer from Attorneys

Linda Chalat Chalat Hatten Koupal & Banker P.C.

You may have a case on behalf of your daughter, and be able to collect your medical expenses, and other damages. The recovery could include money damages for your daughter's pain and suffering. More importantly, if it is expected for her to have any permanent impairment, such as a shortened leg, growth plate difficulties, or mis-alignment.

We have handled many cases involving pediatric femur fractures, and several cases involving daycare liability. We would need to show negligence in the care or supervision at the daycare.

If you would like to discuss the matter further, please call us, Linda or Jim Chalat, at Chalat Hatten & Koupal, PC, www.chalatlaw.com. Our phone is 303.861.1042 and our direct emails are either [email protected], or [email protected].

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Answered on 11/15/09, 11:17 am


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