What to do if my son got hurt on the playground at school because while running to open a metal gate he got pushed and recieved a huge gash on his temple that required 7 stitches?

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What to do if my son got hurt on the playground at school because while running to open a metal gate he got pushed and recieved a huge gash on his temple that required 7 stitches?

I would like to know who would be responsible for the insurance and the payments? It caused a muscle to his jaw to get nicked, and we are hoping that does not cause long term damage in the future. Is the school responsible and what steps we can take?

Asked on October 9, 2015 under Personal Injury, Maryland

Answers:

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

Answered 6 years ago | Contributor

The school is liable for your son's injury.  Contact the school district to obtain its insurance information.  It would be advisable to notify the school district in writing of your son's personal injury claim.
When your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in his medical treatment where no further improvement is anticipated, obtain his medical bills and medical reports.  His 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 his 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 based on premises liability against the school district.  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 on behalf of your son against the school district 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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