Visitor Question

Daughter injured after dismissal?

Submitted By: Kathleen (Indianapolis, IN)

My daughter was injured on school grounds, on the last day of school of her senior year.

The dismissal bell had rung, and she was hit in the temple by a 2 way swinging door in the weight room. She was assessed by the school trainer as having a concussion and they would not let her drive home.

Three days later she had alarming symptoms, and I took her to an urgent care center, who immediately sent her to the ER.

My insurance is denying the claim, saying the school is liable.

I filed all the paperwork with the school, and they also denied my claim.

My insurance sent the claim to recovery and the recovery company is asking me if I am retaining a lawyer. If my insurance thinks the school is at fault, why do I need a lawyer? Who is responsible for this? Thank you for any information you can provide.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kathleen,

Your daughter’s injury is clearly a serious one. It is truly unfortunate your insurance company and the school are both denying responsibility and liability.

Because of the seriousness of your daughter’s injury, and the school and insurance company’s refusal to accept liability, you really need to seek the advice and counsel of several personal injury attorneys. Fortunately, most personal injury attorneys do not charge for an initial office consultation.

Gather copies of all your daughter’s medical records and bills. Make copies of receipts for gas, parking, and other expenses directly related to your daughter’s injury and treatment. Bring them to the attorneys’ offices.

The attorneys will review the underlying facts, review the records and advise you whether or not your daughter’s claim is viable.

If one or more attorneys believe your daughter’s claim is viable, he or she will accept your daughter’s case on a contingency basis. This means you will not have to pay any legal fees until, and unless the attorney prevails in settling the claim, or winning it in court. The stakes are too high in your daughter’s case for you to try handling it yourself.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 3, 2015

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