What to do if my son was knocked out at school and got a concussion and fractured skull?

My son was at school and had a substitute teacher that let the kids get out of control in the classroom. My son and another boy were horseplaying and choking each other. My son became unconscious. The kid let go of him not knowing that he was out, and my son fell and hit floor so hard his head hit twice. When he finally came to, the teacher asked if he was OK. My son said that his head hurt but he thought that he was alright. It was last period and the teacher sent him on the bus without first sending my son to see the school nurse or tell me or anyone. I didn’t get a call. Should I speak with a personal injury attorney? I’m in Bracken County, KY.

Asked on October 7, 2011 under Personal Injury, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you should definitely contact a personal injury attorney. You may be able to sue the boy who hurt your son (or rather his family) for any injuries, medical costs, etc., though this is not certain--given that the two boys were engaged in "horseplay," it may be that the other boy did nothing wrong (i.e. it was an accident without fault). It is also possible you could sue the school, for negligent supervision--that is, for not keeping the students under control, paying enough attention to what they are doing, etc. It is worth your while to consult with a personal injury attorney (many will provide a free initial consultation, to evaluate a case) to see what your potential rights, remedies, and recourse might be. Good luck.


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