If y 5 year old daughter was injured yesterday after slipping on a soccer ball in gym class, should/can I sue the school?

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If y 5 year old daughter was injured yesterday after slipping on a soccer ball in gym class, should/can I sue the school?

She landed on her wrist. Instead of contacting me, her father or one of her emergency contacts, they sent her back to class and made her suffer through the rest of the school day. As soon as she got off the bus I saw her swollen arm, and I took her to the ER. She has a broken wrist On top of that, the bone was “displaced” and had to be re-set today at another hospital appointment. The displacement of the bone could have happened due to not properly treating the injury for hours. She was sent back to the class with 13 other 5 year old kids that run, trip, and bump in to others all the time She was left to suffer for hours. Isnt this considered neglect? Don’t I have a right to know when my child is injured at school?

Asked on September 26, 2012 under Personal Injury, Wisconsin

Answers:

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

Answered 8 years ago | Contributor

You should have been informed by the school that your daughter was injured and the school should not have left her without medical treatment to suffer with her injury for the remainder of the day.

When your daughter completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports. 

Prior to filing a lawsuit against the school district for negligence, it may be possible to settle the case with the school district's insurance carrier.  Your daughter's personal injury claim filed with the school district's insurance carrier should 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 her injury, and will be used to determine compensaton 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.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because your daughter is a minor.  If the case is NOT settled with the school district's insurance carrier,  the lawsuit on behalf of your daughter for negligence against the school district must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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