What kind of lawyer do I contact if my daughter suffered an injury at school due to lack of supervision?

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What kind of lawyer do I contact if my daughter suffered an injury at school due to lack of supervision?

My daughter fell off the monkey bars at school and broke her arm and dislocated her elbow. Since there was no supervision, she had to get herself up and she went to the nurse’s office. When the nurse called my wife they couldn’t tell her what happened. No one could tell us what happened until my daughter informed us after she had arrived at the hospital. Should we speak to a personal injury attorney? In Los Angeles, CA.

Asked on June 6, 2011 under Personal Injury, California

Answers:

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

Answered 12 years ago | Contributor

You should speak with a personal injury attorney.

When your daughter completes her medical treatment and is released by the doctor, obtain the medical bills and medical reports.  The medical reports will document the nature and extent of your daughter's injuries and will be used to determine the amount of compensation she receives for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement.  Your daughter's personal injury claim should be filed with the insurance carrier for the school district.  If you are dissatisfied with settlement offers from the insurance carrier, you or your wife will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because a minor cannot file a lawsuit herself in her own name.  The lawsuit would be for negligence and would be filed against the school district.  If the case has been settled with the insurance carrier for the school district, no lawsuit is filed.  If the case has not been settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.

 

 

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

Answered 12 years ago | Contributor

You should speak with a personal injury.

When your daughter completes her medical treatment and is released by the doctor, obtain the medical bills and medical reports.  The medical reports will document the nature and extent of your daughter's injuries and will be used to determine the amount of compensation she receives for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement.  Your daughter's personal injury claim should be filed with the insurance carrier for the school district.  If you are dissatisfied with settlement offers from the insurance carrier, you or your wife will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because a minor cannot file a lawsuit herself in her own name.  The lawsuit would be for negligence and would be filed against the school district.  If the case has been settled with the insurance carrier for the school district, no lawsuit is filed.  If the case has not been settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her 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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