My child was hit above the nose with a soccer ball on a playground at recess. He was knocked out and had a very bad nose bleed. He was taken to the nurse.
We were never notified of any of this.
We had two phone calls from teachers that day.
His 3rd grade teacher did not know what was going on.
Also his art teacher gave him paper four times to do an art project and all four times he did it wrong.
We had never heard from a teacher all year.
When he got off the bus he did not come home, we found him in the road. That night he fell off a scooter. We could not get him up the next day. Every area of his life changed from that day.
We did not put the pieces together and learn about his concussion for about a week. He only remembered bleeding badly.
He also fell to the ground one day and had to leave school because of an irregular heart beat. This was because they had him out running a mile for the Presidential Fitness Test. Two years later we are still dealing with his PCS (post concussion syndrome).
Was the school negligent in not identifying and/or notifying us of his injury? Are they responsible for his injury and resulting symptoms? Can we file a lawsuit? Thank you.
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.
If your son’s school injury occurred over 2 years ago the Statute of Limitations, or “time period” in which you are able to file a lawsuit may have ealready expired.
Inasmuch as you didn’t tell me in which state the injury occurred, you will have to check to see if your state is one of those subject to the 2 year statute of limitations, or if yours is one state with a 3, 4 or in some rare instances, a 5 year statute of limitations.
Go to the following site. It is an excellent one for breaking down the statute of civil limitations state by state, with a breakdown by injuries as well.
If you are fortunate to reside in a state with a statute of limitations with a longer time limit you can consider speaking with a personal injury attorney.
Most personal injury attorneys will not charge for an initial office consultation.
Speaking with several will give you a better idea of the credibility of your son’s case.
Learn more here: Claims for School Injuries & Accidents
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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