What are my rights against my 10 year old’s school if the school required her to run a mile around the school in an area where there is almost no sidewalk and she slipped and broke her arm?

The route around the block has very little sidewalk. She was bumping into others as she ran, stepped on the curb next to the road and fell; she broke both bones in her left forearm. I know schools are highly protected. I say the school was/is negligent. Do I have a case against the school?

Asked on November 14, 2015 under Personal Injury, California

Answers:

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

Answered 5 years ago | Contributor

The school district is liable for negligence for your daughter's injuries.
Prior to filing a lawsuit against the school district for negligence, it may be possible to settle the case with the school district's insurance carrier.
Obtain the name and address of the school district's insurance carrier and notify that insurance carrier in writing that you will be filing a personal injury claim on behalf of your daughter.
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills and medical reports.  Your daughter's personal injury claim filed with the school district's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The 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 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 for negligence against the school district.  
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 with the school district's insurance carrier, the lawsuit for negligence against the school district on behalf of your daughter must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.

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

Answered 5 years ago | Contributor

The school district is liable for negligence for your daughter's injuries.
Prior to filing a lawsuit against the school district for negligence, it may be possible to settle the case with the school district's insurance carrier.
Obtain the name and address of the school district's insurance carrier and notify that insurance carrier in writing that you will be filing a personal injury claim on behalf of your daughter.
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills and medical reports.  Your daughter's personal injury claim filed with the school district's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The 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 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 for negligence against the school district.  
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 with the school district's insurance carrier, the lawsuit for negligence against the school district on behalf of your daughter 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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