Who is responsible for medical expenses if on the last day of school someone pushed my son and injured his finger to the point he had to get emergency surgery?

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Who is responsible for medical expenses if on the last day of school someone pushed my son and injured his finger to the point he had to get emergency surgery?

He had pins installed in them. Who is responsible for these damages, the school or the parent. Is this a case?

Asked on June 18, 2014 under Personal Injury, South Carolina

Answers:

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

Answered 6 years ago | Contributor

Since your son's injury occurred at school, the school district is liable.  You should notify the school district's insurance carrier in writing of your son's personal injury claim.  You can call the school district to find out the name, address and telephone number of its insurance carrier.

When your son completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports.  Your son's personal injury claim filed with the school district's insurance carrier should include his medical bills and medical reports.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical 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 on behalf of your son.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son since he is a minor.  If the case is NOT settled with the school district's insurance carrier, the lawsuit on behalf of your son against the school district, must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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