Do I have a case if my daughter was injured in school?

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Do I have a case if my daughter was injured in school?

My daughter tripped over bags that were hung by the teacher on the back of the chairs in the classroom. A student was sitting in the chair and my daughter went to step over the items on the ground and her foot got caught in the bag that was hung. She fell hard enough that about 2 days later she was dizzy and could not walk straight. She also suffered from memory problems, cognitive problems and slow reading/comprehension. It has been almost 2 years and she still struggles. She returned to school in a week or so with a doctor’s note on accommodations but the teachers did not follow them well. One teacher also told me that she was doing poorly in reading because she had missed so much school. It was this classroom she got hurt in with this teacher, who told me after she got a concussion that she never hit her head and said she was fine. I said that is nice but she has a concussion. There was no remorse at all or understanding from this teacher. I don’t think the faculty or teachers understand how serious concussions are or the injury caused by them. I’m not sure what to do now. I was hoping things would be better by now but she is unable to attend school because she cannot do what the school expects of her now. I homeschool and she has been doing great. However going to school, she used to come home crying with migraines and from the pressure of teachers who expect her to be like she was before the concussion. I don’t really want to sue the school but I want to do what is best for my child.

Asked on September 24, 2017 under Personal Injury, Pennsylvania

Answers:

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

Answered 4 years ago | Contributor

You will need to file a lawsuit based on premises liability against the school district prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
Your daughter's damages  ( monetary compensation) should include compensation for the medical bills and pain and suffering, which is an amount in addition to the medical bills.
Compensation for pain and suffering is based on the medical reports.


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