Sue or let go

My 2nd grader told me last week he fainted at school. Given his details, it sounded like a legitimate claim. I spoke with the principal to ask if she could review video footage for details. She laughed at me and assured me my son was telling a story and then hung up on me saying my request was absurd. The following Monday, my husband viewed the video and witnessed my son lose consciousness, fall face first onto the gym floor and lay limp for at least 10 full seconds. The principals dismissiveness prevented me from getting immediate medical care my son needed.

Asked on December 11, 2018 under Personal Injury, Texas

Answers:

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

Answered 1 year ago | Contributor

If your son subsequently received medical treatment, he has a personal injury claim. When he completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports. His claim filed with the school district's insurance carrier should include those items. Prior to filing a lawsuit for negligence against the school, it may be possible to settle the case with the school district's insurance carrier.
Compensation for the medical bills is straight reimbursement. The medical reports document the 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 insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the school. 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 for negligence against the school must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights in the matter forever.


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