Is school responsiblefor psychological trauma?

Please offer me some advice.

My teen recently had the equivalent of a nervous breakdown the night of being suspended for someone else’s actions and required hospitalization due to ensuing depression. At this point they all understand that it was not his actions, but he is still hospitalized due to the depression.

Is the administrator responsible for invoking his condition?

Thank you.

Asked on March 6, 2018 under Personal Injury, Tennessee

Answers:

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

Answered 2 years ago | Contributor

The school (school district) is liable for negligence for  your son's injury.  Notify the school district's insurance carrier (obtain the insurance carrier information from the school district) in writing of your son's personal injury claim.  The school district is liable for the negligence of its employee (administrator) which occurred during the course and scope of employment.
When your son completes his medical treatment and is released by the doctor, obtain the medical bills and medical reports.  Your son'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 his 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 on behalf of your son for negligence against the school district.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter. 


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