Can I sue my school if I fell on their property where they didn’t salt the ice?

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Can I sue my school if I fell on their property where they didn’t salt the ice?

My knee is hurt and I. have bruises all over

Asked on December 19, 2016 under Personal Injury, Michigan

Answers:

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

Answered 4 years ago | Contributor

Prior to filing a lawsuit against the school district, it may be possible to settle the case with the school district's insurance carrier.
I assume you are a minor and therefore, your parents will have to handle the matter for you.
When you complete your medical treatment and are released by the doctor, obtain your medical bills and medical reports.  Your claim filed with the school district's insurance carrier should include those items.  I assume that there isn't any wage loss claim.  If there is, documentation of wage loss should also be provided to the school district's insurance carrier as part of your personal injury claim.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the school district's insurance carrier, NO lawsuit is filed.
If your parents are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit against the school district  based on premises liability.
Your parent will have to be appointed guardian ad litem to file a lawsuit on your behalf because a minor cannot file a lawsuit.
If the case is NOT settled, your  lawsuit against the school district must be filed with the court prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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