What to do f my daughter broke her wrist at school on recess and at first no one helped her?

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What to do f my daughter broke her wrist at school on recess and at first no one helped her?

Her wrist was really deformed. There was no nurse at school, not once did I talk to an adult the school had my daughter call me. When I arrived at the school she was sitting in a corner crying all by herself with a frozen bottle of water. I didn’t receive a report or anything, no principle or asst principle came out to talk to me or console my daughter. I feel they failed to do their responsibilities as a school for an injured student.

Asked on November 17, 2012 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

They may well have failed in their responsibilities, and that failure may give you good cause to complain about the school personnel to your district office and school board.  However, it probably does not support a viable lawsuit. That's because lawsuits are designed to compensate for actual loss or injury, not to vindicate rights or punish for failing to fulfill responsibilities. Assuming that your daughter's wrist was not broken due to school personnel negligence, then all you could recover in a lawsuit would be any costs (e.g. any medical costs) which were caused by any delay in helping her, and any pain and suffering for additional disability, disfigurement, etc. also caused by that delay. However, if the lack of help did not make the wrist worse or cause your daughter to need additional medical attention, then there is nothing to sue for--you can't really recover money in a case like this for any frustration, fear, or short-lived physical pain (certainly, you can't recover enough to justify the cost of a lawsuit).


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