Can I sue my son’s school for medical bills caused by an injuryat school?

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Can I sue my son’s school for medical bills caused by an injuryat school?

My son was participating in a school-sponsored overnight camp. After dark, the boys asked if they could play “capture the flag” and were given permission by staff. No staff member was present during the game and 2 boys were severely injured. My son ran over a concrete table in the dark and lost his 4 front teeth, had a broken nose, injured hip, permanent muscle damage to his quadriceps and a deep gash down to the bone on his lower leg. He’s had to have 4 surgeries and the medical bills are piling up. Our insurance is exhausted and the school’s carrier says they won’t pay any more.

Asked on July 23, 2011 Mississippi

Answers:

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

Answered 10 years ago | Contributor

You could sue the school/ school district for negligence due to failure to adequately supervise your son.  You should obtain the medical bills and medical reports when your son has either been released by the doctor upon completion of medical treatment or is declared by the doctor to be permanent and stationary, which means no further improvement is anticipated.  The medical reports will document the nature and extent of your son's injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement.

You will need to be appointed guardian ad litem to sue on behalf of your son because a minor cannot sue in his own name.

You will need to file the lawsuit for negligence against the school/school district before the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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