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 10 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 10 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.

 

 


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