Liability for stage three concussion and broken wrist during recess?

by Heidi
(Rochester, Indiana, USA)

My son was at school and was out for recess when he slipped off the monkey bars, fractured his wrist, and obtained a stage three concussion. My son was moved with a head injury, and sat in the nurse's office in a wheelchair for one hour before receiving medical attention.

A little over two years later my son suffers from migraines, and can't play or participate in physical education without getting a severe headache. When he gets too hot or runs too long, he says he can't breathe and things turn black on him. He cries when this happens.

He's going through a lot emotionally, feeling like he doesn't fit in, and is now made fun of because he can't participate in events like the other children can. I have made an appointment with our family doctor and will wait once again for the results of why this is still occurring.

What are the limitations on suing the school for negligence, Of not calling an ambulance to get my son medical attention immediately, and for the pain and suffering this has caused him? He has missed a lot of school and academically gets frustrated now. He is very emotionally insecure. Thanks you.

Visitor Question:
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ANSWER for "Liability for stage three concussion and broken wrist during recess?":

Heidi (Rochester, Indiana, USA):

In the State of Indiana, the statute of limitations (the time period in which an injured party must either settle his or her injury claim or file a lawsuit), is two (2) years. If you are still within the 2 year statute if limitations, you have time to pursue compensation. If it was a public school, however, they may have different requirements, since it would be considered a government entity.

For purposes of personal injury claims, damages for your son's injuries may include compensation for his medical bills, for your out-of-pocket expenses (for medications, bandages, crutches, etc.), and your son's pain and suffering. Damages can also include your lost wages if you had to take off work to care for your son.

That's the easy part. The hard part is proving that your son's current problems are the direct and proximate result of the school's negligence. They will likely show that hundreds, if not thousands of other children used the monkey bars without incident. Proving the school was negligent, and therefore liable for your son's injuries will be a challenge.

You will need to find a physician who, after reviewing your son's medical history, can conclusively prove your son's current problems were directly caused by his having fallen off the monkey bars. Without conclusive medical proof, your son's injury claim will likely fail.

Your best bet is to speak with an experienced personal injury attorney as soon as possible. Your case involves issues of liability and possible violation of the statute of limitations.

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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