Child injured at school. (public schools, pay, insurance, assessment)
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My friend's child has been injured at school, another student pushed her (on purpose), she felt and had two front teeth broken.
Question-what information school has to provide to the injured student parents? It has been 3 weeks since accident, and they haven't received ANY report from school. When contacted, school administration refused to release any incident reports, saying that they have no right to disclose reports written by minors. But they are not releasing teacher's reports as well. I advised my friends to talk to a lawyer, but they are still waiting... for something... for mirracle? It is clear that school just wants this incident to get away and avoid any legal issues.
Should parents sue school or parents of this another student? Or both?
The parents can file a police report against the student and the students parents. Most times, schools are immune from being sued for such (plus, it just increases the costs of the schools and takes money away from educating the kids) but do cover expenses if something is the fault of the school or occured on property if it is covered. The parents do have the right to file an assualt charge against the other student and the police WILL get the information about the students name and their parents. Your friends child can tell their parents who did it to them too.
Last edited by momof2dfw; 11-03-2010 at 10:39 AM..
Actually, all public schools are insured to the teeth for property and liability, to even catastrophic levels. Whenever an incident occurs on school grounds it is the duty of the school to complete an incident report which they have most likely already passed along to their insurer. Rest assured they already have drawn up a file of this incident and are indeed hoping the parents never follow through with a claim. The parents should immediately let the school know in writing that they intend to collect for damages resulting from this loss, and depending on the cost of the dental work, they may want to seek out legal representation.
The school and their insurance adjuster assigned to this case have already made a determination of how negligent the school staff was, how much of a threshold such an injury has for out-of-court settlement, and whether they have any chance of winning the case should it ever go to trial.
Considering how costly dental work is, not sure if the two front teeth were permanent or baby teeth, and the pain of the injury, I think there is definitely reason to pursue this case. They (your friends) are waiting for no good reason - if they don't take action the school will just ignore this and hope it all goes away.
Actually, all public schools are insured to the teeth for property and liability, to even catastrophic levels. Whenever an incident occurs on school grounds it is the duty of the school to complete an incident report which they have most likely already passed along to their insurer. Rest assured they already have drawn up a file of this incident and are indeed hoping the parents never follow through with a claim. The parents should immediately let the school know in writing that they intend to collect for damages resulting from this loss, and depending on the cost of the dental work, they may want to seek out legal representation.
The school and their insurance adjuster assigned to this case have already made a determination of how negligent the school staff was, how much of a threshold such an injury has for out-of-court settlement, and whether they have any chance of winning the case should it ever go to trial.
Considering how costly dental work is, not sure if the two front teeth were permanent or baby teeth, and the pain of the injury, I think there is definitely reason to pursue this case. They (your friends) are waiting for no good reason - if they don't take action the school will just ignore this and hope it all goes away.
Yes, the schools are insured for injuries that happen while on school property or at school related events off campus. Being this injury was due to another student....... it can get iffy on who is going to cover it. It is going to depend on how hard the school keeps trying to push it under the rug and how hard the insurance company goes about returning calls and reviewing the case. If the student had been injuried due to something at the school causing it and no other students were involved it would be clear cut. It is no different than if you were at the grocery store and another customer punched you and knocked out your teeth. It isn't really the stores fault but the other party can be held liable for actually causing the damage.
No matter what, the parents must be persistant and follow thru and make sure they get everything covered by the responsible party. I would nto let down on it at all. I'd call every single day and I'd call EVERYONE every single day at the school and the district.
Yeah why not file a police report against the student and parents and take them to court? I don't agree with the school being evasive, but the parents are liable for the stupid actions of their child.
My daughter get injured at school during lunch break while sitting because another kid jumped on her from an equipment that used to have upper and lower bars but for unknown reason the lower bar got removed. The school kept quiet so far which is frustrating.....We worked hard to pay the tax every year but now the only thing we can do is when we get called from school saying your kid is injured, I have to take her to the hospital and wait 7 hrs to get into the theater but we don't have the rights to know what happened as no one cares.....
My dsughter got hit in the mouth with a lacrosse stick and 4 of her teeth got knocked out at in P. E. the school doesn't feel liable because another student did it but the teacher was across the field when it happened.I have an attorney but the school still denying liability im a single parent can't pay her dentals bills and I have know medical insurance this happened 3 years ago my daughter was 16 now she's 19 having so much pain and we can't do a thing but wait for trial do you think we have a chance. They trying to say the teacher wasn't neglegient so they try and offer us 7500 which is nothing and she need dental work for life because 2of her teeth are dead..please help !!!!
My dsughter got hit in the mouth with a lacrosse stick and 4 of her teeth got knocked out at in P. E. the school doesn't feel liable because another student did it but the teacher was across the field when it happened.I have an attorney but the school still denying liability im a single parent can't pay her dentals bills and I have know medical insurance this happened 3 years ago my daughter was 16 now she's 19 having so much pain and we can't do a thing but wait for trial do you think we have a chance. They trying to say the teacher wasn't neglegient so they try and offer us 7500 which is nothing and she need dental work for life because 2of her teeth are dead..please help !!!!
The issue might be that they weren't wearing proper equipment such as mouth guards. I don't think the teacher being on another part of the field is a problem.
Actually, all public schools are insured to the teeth for property and liability, to even catastrophic levels. Whenever an incident occurs on school grounds it is the duty of the school to complete an incident report which they have most likely already passed along to their insurer. Rest assured they already have drawn up a file of this incident and are indeed hoping the parents never follow through with a claim. The parents should immediately let the school know in writing that they intend to collect for damages resulting from this loss, and depending on the cost of the dental work, they may want to seek out legal representation.
The school and their insurance adjuster assigned to this case have already made a determination of how negligent the school staff was, how much of a threshold such an injury has for out-of-court settlement, and whether they have any chance of winning the case should it ever go to trial.
Considering how costly dental work is, not sure if the two front teeth were permanent or baby teeth, and the pain of the injury, I think there is definitely reason to pursue this case. They (your friends) are waiting for no good reason - if they don't take action the school will just ignore this and hope it all goes away.
While I'm confident this is an accurate assessment, it's nonetheless saddening that this is the state of things. Kid hurt at school, though by no fault of the school? Lawsuit. I'm lead to wonder if one day we'll all, as individuals, need insurance against personal claims.
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