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Do I have a case?
My son was at school. The teachers decided to take
the kids out to the park for play time. But it had rain
really hard last night. So the area was wet. Well my
son slipped on water and bust his mouth and broke 2
teeth. My issue is why didnt anyone check to make
sure it was kid safe before sending them out.
Asked on May 22, 2018 under Personal Injury, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Contact the school district and obtain its insurance information. Notify that insurance carrier in writing of your son's personal injury claim.
When your son completes his medical/dental treatment, and is released by the doctor, obtain your son's medical bills and medical reports. Your son'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 document your son's injuries and are 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 son. 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, the lawsuit for negligence against the school district on behalf of your son 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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