If my daughter had her vision altered by being hit in the eye with a tennis ball by the teacher, canI file a lawsuit for her medical bills?

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If my daughter had her vision altered by being hit in the eye with a tennis ball by the teacher, canI file a lawsuit for her medical bills?

Asked on January 23, 2012 under Personal Injury, Texas

Answers:

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

Answered 9 years ago | Contributor

When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in her treatment where no further improvement is anticipated, obtain your daughter's medical bills and medical reports.  Prior to filing a lawsuit naming the teacher and school district as defendants, it may be possible to settle the case with the school district's insurance carrier.  Your daughter's personal injury claim will include her medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your daughter's injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the school district's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the school district.  The school district, as the employer of the teacher is liable for the negligence of its employee which occurred during the course and scope of employment.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor and a minor can't file a lawsuit herself.  As mentioned above, the lawsuit should name the school district and the teacher as defendants.  If the case is settled with the school district's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the school district's insurance carrier, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights in the matter forever.


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