CHILD INJURED WHILE IN INSTITUTIONAL OR GOVERNMENT CARE
It is every parent’s worst nightmare that their child, after having been placed in institutional or governmental care is injured as a result of an intentional assault either by an employee of the State, the institution or another resident/patient. This type of assault can cause extreme emotional trauma far beyond the physical damage suffered by the child, to both the parents and the child. If such circumstances exist, there may be acute and time sensitive issues involved.
INJURIES & STATE LIABILITY; REQUIREMENTS
Typically, if a person is injured while in a State institution in Wisconsin, a certain formal notice must be given within 120 days pursuant to Wisconsin law. Parents are entitled to obtain records associated with the assault through “open records” laws in effect in Wisconsin. Such injuries suffered by a child can often lead to liability on the part of the State or the institution to the child; and to the parents. There are numerous and complex legal issues that must be addressed early on in order to preserve the rights of the child and the parents in such circumstances.
INJURY SETTLEMENTS, CHILDREN, & GOVERNMENT BENEFITS
Further, if the child’s family is receiving any type of governmental benefit or assistance, receipt of settlement funds may disqualify the family from governmental benefits necessitating the use of certain types of trusts to protect the family. Further, such injuries, when and if they result in settlement, are subject to certain requirements for the settlement of minor claims. These issues are very complex and complicated and generally require the assistance of an attorney experienced in in handling claims against Wisconsin government bodies, personal injury claims, minor settlements, and other areas of the law.
OUR EXPERIENCED ATTORNEYS CAN HELP
If your child and/or your family has experienced a State institutional or government assault, please contact an attorney very experienced in settling such cases by contacting Attorney David Daul at the law firm of Wanezek & Jaekels, S.C., [email protected] or by telephone at 920-437-8191.