QUESTION
Do you think a law suit is possible after receiving a concussion at my public school and would I win?
Asked on Mar 22nd, 2013 on Personal Injury - Virginia
More details to this question:
I was in middle school and in 7th grade. I was playing badminton and a student was not in the correct serving position and served over hand and not under. I was struck directly in the eye from 3 feet away. The gym teachers were not watching the class and playing at the other side of the gym. I was unconscious for 1 or 2 minutes. I also suffered whiplash and that caused my atlas to become misaligned which causes back pain. I have had many symptoms and multiple complications. I missed a year of school and was in constant pain for one full year. And after a year I am still not fully recovered. I do have an IEP. I would want like to sue for reimbursement for medical expenses and for pain and suffering. My father is self employed and we have terrible insurance so my parents have spent close to 25,000 dollars on medical expenses. Do I need my parents consent to sue my school? Thanks.
10 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you are under age you must have a guardian appointed to bring the case for you, usually a parent. If you can prove that the reason you were hurt was be cause of the inattention of the faculty you may prevail. They likely have another point of view however and you may not prevail there are no guarantees in this world and just because you are hurt does not mean you are automatically entitled to anything.
Answered on Mar 25th, 2013 at 10:11 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If you are a minor, it is your parents who will have to bring suit. The difficult part is whether the gym teachers would have been able to prevent this from occuring. If one of the teachers had been standing right there watching, he might have said "Hey, dont and then it would have been too late. Bottom line: possible, but not easy.
Answered on Mar 25th, 2013 at 10:03 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Assuming you are still a minor, you cannot sue in your own name, only through a "guardian ad litem," which is usually one of your parents. You may have a tough time winning such a lawsuit for a number of reasons. It may just have been a freak accident, which CAN and often DOES happen even without someone's negligence. Unless you can prove that the teacher's lack of supervision caused this accident, you will probably not win. You and your parents have to consider whether it is worth the investment in time AND MONEY to prosecute such a lawsuit under these circumstances. Talk to a lawyer in fact, at least two different ones (from different firms) would be better and listen to what he/she tells you.
Answered on Mar 25th, 2013 at 8:42 PM
Ronald A. Steinberg
No suit against the school. It is called Governmental immunity.
Answered on Mar 25th, 2013 at 8:11 PM
You and your parents should file a claim with the insurance company for the school district if the school district is insured. You also could file a lawsuit through a personal injury attorney.
Answered on Mar 25th, 2013 at 7:57 PM
You need to sit down with an attorney and share your story. He/she will then do some research into school supervisory duties and consider your case. These aren't easy cases, but depending on the facts you may have a good case.
Answered on Mar 25th, 2013 at 2:17 AM
Lisa Hurtado McDonnell
Schools are general exempt from personal injury lawsuits. Your required by school policy to have student insurance. All schools distribute the insurance information at enrollment and at the first few days at the beginning of the school year. You can file a claim with them if you got the suggested insurance.
Answered on Mar 25th, 2013 at 2:09 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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This is serious enough that what you (and your parents) really need is a lawyer to evaluate the case. But school liability seems questionable.
Answered on Mar 25th, 2013 at 2:03 AM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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If you are under age (under 18 years) you will need your parents' permission to sue the school. However, you and your parents should have sought legal help from a personal injury attorney by now. This injury is one that the school could be liable for, and if you were my child, I would definitely sue the school district.
Answered on Mar 25th, 2013 at 1:50 AM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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I think you can ask the court to have a Guardian Ad Litem appointed by the Circuit Court to protect your interest. Have your parents contact a personal injury lawyer immediately. Your right to sue in Virginia does not expire until 2 years after you turn age 18 although it would be best if you start the legal action now while the evidence is still fresh.
Answered on Mar 25th, 2013 at 1:42 AM