What to do if my child was hurt in school and was made to sit in class until school was out?

UPDATED: Oct 25, 2013

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What to do if my child was hurt in school and was made to sit in class until school was out?

She has a cracked elbow that needed medical attention. The school told us that the teacher will never do it again and so far that is all that is going to happen.

Asked on October 25, 2013 under Personal Injury, Texas


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

Answered 9 years ago | Contributor

It would be advisable to contact the school district and obtain its insurance information in order to file a personal injury claim for 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 these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your daughter's 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 insurance carrier for the school district , 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 on behalf of your daughter 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 with the school district, your daughter's lawsuit against the school district must be filed prior to the expiration of the applicable statute of limitations or your daugher will lose her rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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