What is my recourse if my daughter was badly bitten by fleas at school which resulted in her getting infections and the school acknowledges this is a reoccurring problem?
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What is my recourse if my daughter was badly bitten by fleas at school which resulted in her getting infections and the school acknowledges this is a reoccurring problem?
My daughter was extensively bitten. Can I hold them responsible for not fixing the problem and exposing my children to a harmful condition?
Asked on September 10, 2016 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
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 daughter completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports. Her 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 will document the nature and extent of her 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 daughter because she is a minor.
If the case is NOT settled, the lawsuit on behalf of your daughter against the school district must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.
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