Prior to filing a lawsuit against the daycare, it may be possible to settle the case with the daycare's insurance carrier.
In order to have a personal injury case, your son's injury must be documented with medical treatment. If there is no medical treatment, there is no case.
When your son completes his medical treatment and is released by the doctor, obtain the medical bills and medical reports. Your son's personal injury claim should include those items and should be filed with the daycare's insurance carrier.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the daycare's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the daycare's insurance company, reject the settlement offers and file a lawsuit for negligence against the daycare. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
Since the injury is just a scratch, it is probably not worth filing a lawsuit and you should not expect much compensation from the daycare's insurance company regarding settlement offers.
If the case is NOT settled and if you decide to file a lawsuit for negligence on behalf of your son against the daycare, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights in the matter forever.
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