Legal Question in Personal Injury in Pennsylvania

My 4 yr old grandson was in a car accident while in the care of a friend of his mother who was hired to babysit him while she worked on September 3rd, 2017. He and the babysitter were flown to John Hopkins Medical Center, while the babysitters 3 yr old son was flown to Hershey Medical Center. My grandson suffered facial injuries and bruising on numerous parts of his body. Since accident he has been unable to sleep at night without several nightmares about accident, he has been unable to breath through his nose properly due to fractures that are more and more appearing to need facial reconstruction surgery, he suffers with PTSD, and his behavior has seriously been affected whereby he hits and screams and kicks at people and he is just a totally different child post accident. It was noted that neither child was buckled in seat belt although ONE booster seat was in the back seat. Car ran off road and slammed into a tree and neighboring witness stated the two children looked like rag dolls flying around in the back seat. My daughter has missed so much work due to dr appointments, medical bills are accumulating and it appears as though my grandson is going to have long lasting injuries as a result of this accident. My daughter has been in contact with Gettysburg PA State Police who stated they are still waiting for documents / medical reports from hospitals and the accident reconstruction team etc to build a case against the babysitter. Can my daughter sue the babysitter on my grandsons behalf for pain and suffering, missed work etc? The babysitter is living life as she did pre- accident while my daughter is unable to as she does not feel comfortable leaving my grandson in anyone else's care due to his poor behavior , nightmares and PTSD symptoms. It doesn't seem too fair that my grandson has been affected this bad due to negligence while babysitting, not being seat belted in, the babysitter made comment she drank heavily the night before and grandson pointed out that she was drinking what appeared to be a wine cooler and talking on her cellphone just before accident happened. What recourse does my daughter have outside of any criminal charges the State of PA brings against babysitter, or can daughter can sue babysitter criminally on her own?? Any help would be greatly appreciated. Just seeking justice for my grandson & daughter.

Asked on 2/02/18, 6:03 pm

3 Answers from Attorneys

Joel Kofsky The Law Offices of Joel J. Kofsky

Short answer, yes there are parties to make claims against. A recovery will depend on availability of Insurance. If you would like to discuss this further, please feel to contact me at [email protected]

Attorney Joel Kofsky

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Answered on 2/02/18, 6:08 pm
Thomas Kenny Thomas D. Kenny, Esquire

I am very sorry this happened. There are criminal and civil issues here. It is important to sit down and discuss the very important issues here.

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Answered on 2/02/18, 6:24 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

So sorry this happened. I hope your grandson (& daughter & you) make a full recovery. Your grandson has a claim for his injuries. The police will handle the possible criminal charges against the driver. Your daughter should speak to an experienced injury lawyer to pursue a civil case for injuries. Most of us provide a free consultation & there is no attorney fee unless there is a recovery. Your daughter should try to speak to an injury lawyer as soon as possible so the attorney can notify the appropriate insurance companies & proceed with an investigation. I would be happy to speak with your daughter if she chooses. Good luck!

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Answered on 2/03/18, 7:19 am

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