What are our rights regarding an injury after a sporting event due to faulty equipment?

The volleyball team is required to take down the volleyball net after its games. My child was doing this and while in the process the system holding the net in place broke and a piece of steel and cable broke loose and hit her in the face. It loosened 2 teeth and cause 3 lacerations – 1 on the outside of her lip, 1 inside and 1 to her top gum near the loosened teeth. We have gone to a dentist this morning and he is requiring we wait 2 weeks to see if the jaw bone heals before he does any work. He has stated that it is possible the tooth will die and she will need a root canal and a crown. Do I pursue the school or do I let this go?

Asked on September 16, 2016 under Personal Injury, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Prior to filing a lawsuit for negligence against the school district, it may be possible to settle the case with the school district's insurance carrier.  Notify the school district's insurance carrier in writing of your daughter's personal injury claim.
 When your daughter completes her dental and medical treatment and is released by the dentist/doctor, obtain her dental/medical bills and dental/medical reports.  Your daughter's claim filed with the school district's insurance carrier should include those items.
Compensation for the dental/medical bills is straight reimbursement.  The dental/medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering which is an amount in addition to the dental/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 on behalf of your daughter 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 for negligence against the school district must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.

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