What are our rights if my daughter fractured her foot on school property?
Question Details: My 13 year old daughter with Asperger's syndrome, was getting on school bus while on school property. However, it was too far from curb and she missed the step and fractured her foot. She went to the ER and they did an X-ray which showed that her foot was fractured. They put an ace bandage on it until we could get into her doctor 4 days later. She then had to wear a boot for 5 weeks. Neither the school or bus company offered to pay the bill. By the way, her insurance paid the bill until it found out there was a state law for PIP, so now it is going to retract the payments so the school or bus company can pay. Do I have a case or who do I call for pain and suffering?
You should notify in writing the insurance carriers for the school district and bus company of your daughter's personal injury claim.
Her claim filed with both of those insurance carriers should include her medical bill and medical reports. Compensation for the medical bill is straight reimbursement. The medical reports document the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bill.
If the case is settled with both the school district and bus company, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers for the school district and bus company, reject the settlement offers and file a lawsuit against the school district and bus company. The cause of action (claim) in the lawsuit against the school district is premises liability. The cause of action (claim) in the lawsuit against the bus company is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable bus company would have exercised under the same or similar circumstances to prevent foreseeable harm). You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case settled with one but not both parties (school district and bus company), only name the party with whom the case has NOT settled as a defendant in the lawsuit.
If the case is NOT settled, the lawsuit on behalf of your daughter must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.