Dear Anonymous:
If you are considering bringing a claim for personal injuries on behalf of the child against the school, there are several things you will need to be mindful of. For one, there are only certain people who have the ability to sue on behalf of a minor, and a Guardianship would likely need to be set up. Second, if the school is a public school, you will need to comply with the strict requirements of the Indiana Tort Claims Act, see I.C. 34-13-3. Failure to timely meet the requirements can bar any subsequent action against the school. Finally, a thorough investigation will need to be made in relation to the incident to identify any and all culpable parties as well as potential witnesses. This list is not exhaustive by any means.
These cases are fraught with peril for the unfamiliar. I would highly advise you contact an attorney or law firm that has experience pursuing tort claims against schools and other municipal entities. To that end, our staff would be glad to learn more information and determine whether we are in a position to assist you.
Best Regards,
Lance Ladendorf
Ladendorf Law
Answered on Jan 06th, 2015 at 12:40 PM