Injured in Gym Class at School...

by Laurie
(Plaistow, NH)

Back in October my son (just 10 years old) was blindfolded at school during gym class, was spun around by his peers and walked into a cement wall. He chipped 50% of his permanent front tooth. I immediately took action. Primex (Public Risk Management Exchange - safety for children in NH), admitted and found that the school was at fault.

My son's dentist outlined treatment which I know as a Hygienist will need to be done. But because of his age nothing can be done at this time. They said I have to pay for everything up until I close the case. I do not think I should be responsible to keep his records for the next 10 years.

Should they pay me in one lump sum and close the case? I also feel he has pain and suffering because of the changes since this accident. What can be done?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Injured in Gym Class at School...":


Regrettably it's difficult to answer this question without having some additional information. It's important to know whether you had reached a formal written agreement with the school, its representative, or Primex. And if you had it is very important to know what the agreement held regarding compensation for your son.

You have asked whether they should pay you in one lump sum. It would be important to know if they had offered you a lump sum, and if so, the amount and circumstances of the payment.

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.

Best of luck,

Judge Calisi

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