Legal Question in Civil Rights Law in Illinois

School Back Injury

There are two bands at my school during lunch hour. One band will have the first lunch and the other will have the third lunch. This makes it so that two band rooms are at band at one time. One band is in the band room while the other is in the choir room. In the choir room, the band sits on chairs that are on risers. These risers had no railing on them to stop anyone from falling off the back of them. One day while I was in the choir room, I sat my instrument down because it would be awhile before we played. My instrument went to fall and I reached for it and fell off the back of the risers, the chair following and the Tuba staying. I injured my back, but never went to the hospital. The nurse asked if I wanted to go home or to the hospital, I went home. The next day when I went to band, the risers had a small piece of quarter round molding surrounding the edges. I refused to get back on the risers for fear of falling and my guidance counselor arranged for my to be able to sit on a chair on the floor beside the band. This happened about 3 months ago. My back still hurts and I have to lie down because of it and take painkillers. I have not gone to see a doctor for it. What are my legal rights?


Asked on 3/29/02, 5:36 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: School Back Injury

You have a claim against the school district for negligence. If you submit a claim, the school district's insurance company will investigate and, probably, seek to settle the matter. Your current provable damages do not seem to amount to a lot right now, for, although you have back pain, you have never seen a physician about it.

You have nothing to lose by contacting the school district -- probably at the superintendent's office -- and inquiring about how to give notice of a claim. Frequently, the negotiations of an attorney can help increase any settlement amount offered by the insurance company.

Legal issues aside, if you are in pain, you should see a doctor. If the doctor performs an evaluation and discovers, for example, that you have a herniated disk or spinal fracture (or the like), and your prior medical records do not indicate an previous injury, the value of your case would increase.

-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo

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Answered on 3/29/02, 11:12 pm


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