If my son was injured in gym class due to another student pushing him but it happened 3 years ago, is it too late to sue?
Question Details: My son 3 years ago he was in 5th grade was in gym class. The teacher was outside of the gym and told the students to run laps. While my son was running, another boy pushed him. My son hit a brick wall and broke his arm. He said his arm hurt but didn't realize it was broken. During school he asked his teacher if he could see nurse because his arm hurt, however the teacher wouldn't let him, too busy. The next day I took him to the doctor to find out that his arm was broken. Our insurance paid for all my son's bills but I feel that my son should be paid for his pain and suffering. Can we still file a claim against school? If we go after the parents of the bout who broke his arm, I know we won't get compensated because they are poor and in and out of jail.
Indiana has a two year statute of limitations for filing a claim or lawsuit in a personal injury case. Since three years have elapsed since your son's injury, it is too late to file a claim or lawsuit in this matter because the statute of limitations has tolled (expired). Since the statute of limitations has expired, your son has lost his rights in the matter forever.