Legal Question in Personal Injury in New York

My 4 year old son broke his arm in school-is he entitled for compenstion

Whilst my 4 year old son was in daycare school he and others were taken to the play area for to play games, he fell and broke is right arm at the humerus a very bad brake so the doctors say, is he entitled for compensation for pain and suffering? ''it will take about seven weeks for recovert so the doctors say''


Asked on 5/21/03, 11:48 pm

3 Answers from Attorneys

Re: My 4 year old son broke his arm in school-is he entitled for compenstion

Your son may be entitled to compensation but I don't know enough facts to say for sure. It really depends on what he was doing at the time of the accident. If he was on playground equipment, we have to see if there was sufficient padding; if he was playing with other kids, was there sufficient supervision. These are some of the issues. You do not say whether your son goes to a public school or not. If he does, you have to file a Notice of Claim, usually within 90 days of the accident, to preserve a claim, although his being a minor probably tolls this requirment. If you would like to discuss this further, please call me at 212-622-7180. We handle these cases regularly and on a contigency fee basis.

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Answered on 5/22/03, 7:36 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: My 4 year old son broke his arm in school-is he entitled for compenstion

This is a question I am often asked. The answer always depends on the very specific facts of the case. In general, there is a strong case for a successful lawsuit here, especially if your son's school is a public school. If it is a public school, quick action is needed. The City of New York must be informed of the accident in the form of a 'Notice of Claim' at 120 Broadway, NY,NY within 90 days of the accident. The Notice of Claim will include the basic details of the accident; including when and where the accident occurred as well as how and the nature of your son's injuries. That is the only unsusual aspect of this type of lawsuit. You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first - 646-591-5786.

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Answered on 5/22/03, 3:54 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: My 4 year old son broke his arm in school-is he entitled for compenstion

Perhaps..it depends on what he was doing...was he supervised? was he doing something a bit dangerous..were the other kids too rough? All these factors need to be accounted for.

Feel free to call me to discuss if you;d like.212-764-5428

Good Luck

RRG

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Answered on 5/22/03, 1:09 am


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