What to do if my son had gym class in school but was hit by other boy and was injured?

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What to do if my son had gym class in school but was hit by other boy and was injured?

He fell on the floor and other boy fell on him ending up braking his two teeth and possibly concussion due to hitting the floor with his head. School nurse and gym teacher did not take it siriously to call 911 They end up calling my wife to pick him up from school and after wife informed me about it I have instructed her to take the child to dentist imidiately. At the dentist office doctor told my wife that he never had kid so quiet and leraxed like him before and asked what happened to him. When my wife told what school nurse told her the dentist doctor called the school and asked them why they did not call the 911. we dont have insurance and will end up will bills. What should I do?

Asked on March 6, 2013 under Personal Injury, Indiana

Answers:

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

Answered 8 years ago | Contributor

It would be advisable to contact the school district and obtain the name, address, and telephone number of their insurance carrier.  File a personal injury claim on behalf of your son with the school district's insurance carrier.

When your son completes his medical and dental 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 his medical treatment where no further improvement is anticipated, obtain his medical and dental bills,  and his medical and dental reports.  Your son's personal injury claim filed with the school district's insurance carrier should include these items.  Compensation for the medical and dental bills is straight reimbursement.  The medical and dental reports will document the nature and extent of his injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical and dental bills.

If the case is settled with the school district's insurance carrier, NO lawsuit is filed.  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.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because your son is a minor.  If the case is NOT settled with the school district's insurance carrier, the lawsuit on behalf of your son must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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.

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