If my son was injured in a fall at school about a year ago and he suffered a concussion but the school never notified me, what is the statue of limitation to file a claim?
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If my son was injured in a fall at school about a year ago and he suffered a concussion but the school never notified me, what is the statue of limitation to file a claim?
Asked on November 7, 2014 under Personal Injury, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Generally, the statute of limitations in your state for personal injury suits is 2 years, except that it appears that you only have 1 year to file a notice of claim against a school or school district; therefore, it may be too late to sue your school unless you can show good cause to have the time limit set aside, which is not an easy thing to do.
Furthermore, what are you suing for? You can only recover compensation for actual injuries. If what the school did wrong was to fail to notify you, then unless that failure in notifying you led to your son suffering some injury or incurring medical billw which he would not have had you been notified promptly, there is nothing to sue for. It's not enough that the school was in the wrong; rather, their failure to notify you must have hurt your son or family in some way.
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