How to sue
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How to sue
My child was injured at school. How do
I sue the school for her injury?
Asked on December 21, 2017 under Personal Injury, Montana
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Prior to filing a lawsuit, it may be possible to settle the case with the school district's insurance carrier.
Notify the insurance carrier in writing of your child's personal injury claim.
When your child completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports. Your child's claim filed with the school district's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are 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 school district's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the school district's insurance carrier, reject the settlement offers and file a lawsuit against the school district for negligence.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled, the lawsuit against the school district must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights in the matter forever.