What to do if my son was hit in the nose/forehead by another child who swung a golf club while inside the main learning building?

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What to do if my son was hit in the nose/forehead by another child who swung a golf club while inside the main learning building?

He has lacerations, swelling, and bruising in the shape of the club on his face, we went to the ER because he “blacked out” after being hit. He was diagnosed with a concussion but fortunately the injuries weren’t worse. There was no treatment for the injury at school (ie. no ice), n o documentation from the teacher and no one told me when I picked him up. In fact, the school had no record of the injury until I called and asked about it. Is the school liable for our expenses for medical treatment?

Asked on July 2, 2013 under Personal Injury, Texas

Answers:

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

Answered 8 years ago | Contributor

The school district is liable for your son's injuries and medical expenses.  You should contact the school district claims department to file your son's personal injury claim with the school district's insurance carrier.

When your son completes his medical treatment and is released by the doctor, obtain your son's medical bills and medical reports.  Your son's personal injury claim filed with the school district's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursment.  The medical 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 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 for negligence against the school district.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son since he is a minor.  If the case is NOT settled with the school district's insurance carrier, your son's lawsuit must be filed prior to the expiration of the applicable statute of limitations or your son will lose his 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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