Who can I sue if I feel at school?
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Who can I sue if I feel at school?
I slipped and fell 7-8 flights down my school staircase, bumping my head like a juggling basketball. My head, face, hip and neck hurts. Also, I am feeling pain in my lower abdomen on the left side. I was taken to the hospital and given a CT scan and they said that I was OK but I’m still left in pain. The thing is that sometimes things take a while to act up and I do not wish to leave myself high and dry.
Asked on December 22, 2017 under Personal Injury, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you are under age 18, you won't be able to file a lawsuit yourself. Your parent will need to be appointed guardian ad litem to file a lawsuit based on premises liability, on your behalf because a minor cannot file a lawsuit himself/herself.
Prior to filing a lawsuit, it may be possible to settle the case with the school district's insurance carrier. You, if you are not a minor or if you are a minor, your parent should notify the school district's insurance carrier in writing of your personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, you if you are at least 18 or your parent if you are a minor, should obtain your medical bills, medical reports, and if applicable, documentation of wage loss. Your personal injury claim filed with the school district's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the school district's insurance carrier, NO lawsuit is filed.
If you are not a minor, you, or if you are a minor, your parent, if dissatisfied with settlement offers from the school district's insurance carrier should reject the settlement offers and file a lawsuit based on premises liability against the school district.
If the case is NOT settled, the lawsuit against the school district based on premises liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.
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