Can I sue a school for my child’s injuries if it was negligent?
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Can I sue a school for my child’s injuries if it was negligent?
My 8 year old daughter was in school playing ball in the gym with other student when one student kick the ball and hit her in the face. Her face was swollen and she complain of headaches when she got home. I took her to the doctor because he mouth has twisted, her head was hurting and she couldn’t close her left eye.The doctor confirm that her nerves were damage on the left side of her face amd referred her to neuologist. The school did not notify me of her injurys. Can I sue the school for neglience and pain and suffering for my child?
Asked on March 26, 2012 under Personal Injury, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Prior to filing a lawsuit against the school district for negligence, it may be possible to settle the case with the school district's insurance carrier when your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary. Permanent and stationary means having reached a point in her medical treatment where no further improvement is anticipated. When your daughter is either released by the doctor or is declared to be permanent and stationary, obtain her medical bills and medical reports. Her personal injury claim will consist of these items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her injuries 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 on behalf of your daughter against the school district for negligence. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because a minor cannot file a lawsuit. If the case is NOT settled with the school district's insurance carrier, your daughter's lawsuit must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights in the matter forever. If your daughter is still getting medical treatment and the statute of limitations is approaching, file the lawsuit otherwise she will lose her rights forever in the matter if you miss the statute's filing deadline.
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