My son was enrolled in an after school sports club. The purpose of the program was to the instruct and demonstrate how to play the game and the rules of the game(s). My son was hit in the head with a metal cane that the instructor was using to demonstrate how to serve a tennis ball.
Yes, instead of using the proper equipment he chose to use his mental walking cane. The director elected not to call me to inform me that my son had been injured, instead he forced my son to get back into the game. As a result my son sustained a concussion (head trauma) and has suffered nearly 4 years of headaches, difficulty sleeping and pain.
Who is legally responsible for the injuries to my son?
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ANSWER for "Head Injury at an After School Program...":
Elana (Baltimore, MD):
At this point no one is legally responsible for your son's injuries. In the State of Maryland the Statute of Limitations for personal injury lawsuits is 2 years. The Statute of Limitations means the time period in which a victim of a personal injury lawsuit has to either settle a claim or file a lawsuit.
Because you said the injury occurred about 4 years ago you are well beyond that time period. Your only apparent option is to contact the school and explain what happened 4 years ago. It is altogether probable the school will deny your claim. Once they do your avenues of recovery will in all probability be cut off.
From there you can consider seeking the advice and counsel of a personal injury attorney. Regrettably you probably won't get much past a telephone conversation. It is altogether possible any personal injury attorney will give you the same bad news.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.