What to do if my daughter fell at school and suffered either a concussion or a seizure and she later told both the lunch lady and her teacher yet they told her she was fine and did nothing about it?
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What to do if my daughter fell at school and suffered either a concussion or a seizure and she later told both the lunch lady and her teacher yet they told her she was fine and did nothing about it?
What can be done about this?
Asked on February 12, 2016 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If your daughter subsequently received medical treatment to document her medical condition (injury), you would have a claim on her behalf against the school district. If she did not receive medical treatment to document her injury, there is no case.
Assuming that your daughter subsequently received medical treatment to document her injury, you should notify the school district's insurance carrier that you will be filing a personal injury claim on behalf of your daughter.
When your daughter completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports. Your daughter's 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 on behalf of your daughter, 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 with the school district's insurance carrier, the lawsuit for negligence 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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