What to do if my 8 year old son was injured by another student on his bus?
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What to do if my 8 year old son was injured by another student on his bus?
He sufferers from neck pain that ultimately lead to a migraine type headache. I am unsure if what the other students punishment was but was told by the assistant principal that this is not the first time the child has behaved like this on the bus. I want to know what my rights are and what the school is responsible for. My son in in pain and we are incurring medical bills. If they knew the child was and has been physical with other students why was he on the bus. Just want to know what I can do.
Asked on November 27, 2012 under Personal Injury, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The school district is liable for negligence for allowing that kid to be on the bus despite previous incidents of the kid injuring others on the bus. Negligence is the failure to exercise due care (that degree of care in this case that a reasonable school district would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the school district, it may be possible to settle the case with the school district's insurance carrier. When your son completes his 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 his medical treatment where no further improvement is anticipated, obtain your son's medical bills and medical reports. Your son's personal injury claim filed with the school district's insurance carrier should include these items. 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. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because 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 for negligence 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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