QUESTION
What is the statute of limitations to file a claim?
Asked on Apr 02nd, 2013 on Personal Injury - Ohio
More details to this question:
My daughter was injured at school during recess. She had to have surgery on the broken finger. Will the school insurance reimburse me for expenses?
10 ANSWERS
Ronald A. Steinberg
Under Michigan law, the school and its employees are immune from suit for ordinary negligence. You have 2 years to sue, but unless you can prove an exception to the governmental immunity law, you will lose. I doubt that the school will pay for any medical expenses.
Answered on Apr 04th, 2013 at 1:08 AM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
There is no statute you need worry about as it relates to child under age. Who knows what any school insurance will cover. Why don't you ask the appropriate school officials. And why is the school liable for your child? You did not say.
Answered on Apr 04th, 2013 at 12:05 AM
Generally speaking, the statute of limitations is two years. You should make a claim immediately against the school and its insurance company.
Answered on Apr 03rd, 2013 at 8:24 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
at
The Ticktin Law Group
Update Your Profile
With regards to your issue, we would need to know the date and details of the incident. We would also need to know the type of coverage that your child's school has.
Answered on Apr 02nd, 2013 at 9:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Two different questions. In NY, you have to file a Notice of Claim within 90 days and file a lawsuit within a year plus 90 days. You don't provide any information as to whether or why this is the school's fault, but whether it is or not, the insurance company will not pay anything voluntarily.
Answered on Apr 02nd, 2013 at 9:07 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
The statute of limitations to sue the school is three years if you file a verified claim within one year of the accident, two year if you do not file a verified claim. Also, the SOL is tolled while the victim is a minor, and she has one year after she turns 18 to file a suit. I cannot say whether the school insurance will reimburse. The school is not liable just because she was injured on the premises. You must show that the school was negligent in some way and the negligence caused the accident.
Answered on Apr 02nd, 2013 at 9:04 PM
In Utah, the statute of limitations for negligence is 4 years. However, because your daughter was injured at a school (unless it's a private school) she has 1 year to file suit. There are other things you will have to do as well, such as a notice of claim. Bringing a disputed claim against a governmental entity such as a school is complex and you should find an attorney.
Answered on Apr 02nd, 2013 at 9:00 PM
James Eugene Hasser
You have 2 years in Alabama to recover your medical expenses and she has 2 years from her 19th birthday, but that date can't be more than 20 years from the date of the accident.
Answered on Apr 02nd, 2013 at 8:56 PM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
A private school may have insurance. If so, there may be a med-pay provision that pays a certain amount of medical expenses regardless of fault. Normally the statute of limitations for personal injury in California is 2 years. But if she's a minor, that does not commence until she?s 18. If this is a public school, you need to file a tort claim within 6 months of the incident. That is a prerequisite to filing suit. Ordinarily, a public entity is not liable for recreational activities.
Answered on Apr 02nd, 2013 at 8:43 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
at
Mishkind Law Firm, Co., L.P.A.
Update Your Profile
The statute of limitations for a personal injury claim for a child is 2 years from the child's 18th birthday. Whether the school will reimburse you for the medical depends on whether the school has insurance coverage that pays for medical expenses. If the school was negligent resulting in your child's injuries they may be responsible for the medical expenses and for the injury as well.
Answered on Apr 02nd, 2013 at 8:37 PM