If my 10 year old son was playing with another student in gym class and was injured, are the other student’s parents financially responsible for dental bills incurred as a result of the incident?
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If my 10 year old son was playing with another student in gym class and was injured, are the other student’s parents financially responsible for dental bills incurred as a result of the incident?
The other student pulled his legs out from underneath him and he hit the gym floor face first resulting in his front tooth being knocked out. Are they responsible for 5at least 0% of the bills?
Asked on February 12, 2016 under Personal Injury, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Although the other student's parents are responsible for your son's dental bills, it would be advisable to file a claim with the school district's insurance carrier because school district employees were negligent in not supervising the kids.
When your son completes his dental treatment and is released by the dentist, obtain his dental bills and dental reports. Your son's personal injury claim filed with the school district's insurance carrier should include those items.
Compensation for the dental bills is straight reimbursement. The dental reports will document the nature and extent of your son's injury and will be used to determine compensation for pain and suffering which is an amount in addition to the dental 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 with the school district's insurance carrier, 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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