If I broke my jaw on my high school campus during a JROTC event, can I sue the school or the JROTC for the medical bills and hardship I have endured since?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I broke my jaw on my high school campus during a JROTC event, can I sue the school or the JROTC for the medical bills and hardship I have endured since?

A little over 6 years ago, I broke my jaw during a high school JROTC function on my school’s campus. I was 16 at the time and had to undergo jaw surgery and painful therapy and pain while being wired shut for 3 months and then endured contiuous pain ever since with a botched root canal causing a tooth to rot, extreme sensetivity to many food types and cold in both food, beverage and the weather. Now I have consistant pain, TMJ, arthritus of the jaw, still have fractured teeth and are in severe need of braces and TMJ treatment that I am not able to afford.

Asked on March 28, 2012 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you probably cannot sue:

1) The statute of limitations (or time limit to sue) for a personal injury in TX is only two years. Even if you could argue that as a then-minor, you could not bring a legal action until your majority, that was still four years ago; hence it is almost certainly too late to bring a lawsuit.

2) Even if it were not too late to sue, you could only recover money if you could show that the school or the program was negligent, or unreasonably careless, in some way--such as by having you do an unreasonably dangerous event. If they were not negligent, they would not be liable for your injury. Not all injuries result in compensation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption