Who is responsible for my 6 year old daughter’s head injury?

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Who is responsible for my 6 year old daughter’s head injury?

My daughter was on the school bus this morning. She states that the bus driver hit a

Asked on May 17, 2017 under Personal Injury, Missouri

Answers:

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

Answered 3 years ago | Contributor

The school district is liable for your daughter's injury. Inform the school district's insurance carrier of your daughter's injury and that a personal injury claim will be filed on her behalf.
When your daughter completes her medical 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 her treatment where no further improvement is anticipated, obtain all of her medical bills and all medical reports.  Your daughter's claim filed with the school district's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the 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 daughter.  You will need to be named guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled, the lawsuit on behalf of your daughter against the school district must be filed with the court 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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