Injured Thumb Attending Mass...

by Anonymous
(USA)

On December 3rd a student injured my son's thumb while they were attending mass at school. My son told the staff that the his thumb was hurting and that the other student hurt his thumb. I was sitting on an aisle behind my child since he was with his class during the school activity and I was simply attending the mass.

Since my son did not stop complaining after the staff looked at it, I looked at it and pointed out to the staff that my child could not move his thumb. I also took my child to the emergency clinic and provided the school with the medical documents.

My son's thumb did not heal on its own and in July he had surgery on his thumb. Can I request payment of the medical bills and other expenses from the school or the parents of the other child?

Visitor Question:
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ANSWER for "Injured Thumb Attending Mass...":

Anonymous (USA):

Although you probably have legal recourse against the child's parents as well as the school, you and your son would be best served by pursuing the school for reimbursement for your son's medical bills. In addition to the medical bills, you and your son may be entitled to reimbursement for your son's out of pocket expenses.

Those can include your out of pocket expenses for your son's prescribed and over the counter medications. It would also include a splint or other device necessary to hold your son's thumb in place. There remains the possibility you may be reimbursed for any of your lost wages made necessary by your having to miss work to take your son to the doctors, the hospital, and to watch him at home while he is healing.

Your son is also entitled to an additional amount for his emotional distress, or "pain and suffering". Regrettably the amount for pain and suffering does not include the emotional distress you have probably been under.

You can also pursue the parents. It is possible their homeowners insurance may cover such things. Try the school first. Hopefully the insurance company will sufficiently compensate you and your son for his injuries.

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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