CanI take my school district to court for an injury that happened in 2004?

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CanI take my school district to court for an injury that happened in 2004?

Both of my feet were crushed under the 5-man sled for football. The sled did not break any bones, however it killed nerves and a lot of tissue. The dead nerves and tissue were removed by a wound specialist. I was in a wheelchair for a few months due to the injury. The school district paid for doctor visits and other expenses due to the injury. The build up of scar tissue in my feet causes extreme pain daily. Recently, it has been causing me to miss work and prevents me from living the life that a normal 21 year old should. In the past 6 months I have lost most feeling in the tip of my large toe, on my left foot. Can I receive compensation for this?

Asked on August 4, 2011 Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It would be advisable to speak with a personal injury attorney.  There are problems with you receiving compensation at this late date.  First, you said the school district paid for doctor visits and other expenses due to the injury.  This would indicate there must have been a settlement between the school district and your parents, since you were a minor when the accident occurred.  If the case was settled, your parents would have signed a release of the claim in order to receive the settlement check. A release means that your parents gave up the claim in order to receive the settlement amount.  Once a case is settled, you can't go back to the insurance company for the school district and ask for additional compensation.

If the case was not settled, you have probably missed the applicable statute of limitations which means you would not be able to file a lawsuit at this late date.


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