What can i do if my son was injured in a private school sport game?

His front tooth was broken. The school’s insurer paid for some endodontic treatments to keep the tooth in place but my son cannot get an implant until he has finished growing; the implant is permanent and will not move with his other teeth, therefore it can only be done once he has finished growing. The school’s insurance company has a 52 week coverage limit, unless they grant an extension. I have requested an extension.

Asked on October 31, 2013 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The school would not be liable, or financially responsible, unless it was at fault in some way. Such fault would typically be from inadequate supervision, or improper/dangerous field conditions. On the other hand, if the school did nothing wrong and this was just the sort of accident/injury that sometimes occurs when playing sports, they would not be liable--which in turn means that their insurer would not be liable, though they may choose to contribute to avoid the possibility of litigation (which can be expensive even when you win). Therefore, unless you believe the school was at fault in some way--and both believe and are prepared to show that in court, if necessary--you will only be able to get whatever payments, contributions, etc. you can voluntarily negotiate with them. Note that whether they are liable or simply choose to contribute, the fact that the implant cannot be done in the future is not an issue: determine (e.g. with your dentist) what the cost of an implant would be be now and seek payment based on that, possibly discounted or reduced somewhat to represent that there is an advantage to getting the money in advance of when you actually need it (e.g. it can be invested).


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