Legal Question in Personal Injury in New York
My daughter recently suffered a grade 1 concusion when a ladder fell on her head while performing in a school play on November 17, 2011. The school did fill out an accident report. She seems to be OK now but I'm not sure if a lawsuit should be filed in a case like this.
2 Answers from Attorneys
You don't say which school district is involved, but the filing of a notice of claim is usually required within 90 days of an accident. This is eventually followed by the lawsuit itself. There is still time to see whether doctors say your daughter is fine, and has no residuals from the head injury. If there is any doubt as the 90 day mark approaches, it is better to file the claim form and give yourself extra time to contemplate bringing the lawsuit. Best, M. E. Zuller
You will have to file a Notice of Claim within 90 days of the accident for a public school and file a lawsuit within 1 year and 90 days. I would definitely follow up with her doctor over a period of time to make sure her symptoms get better. If there are any other injuries as well then they should be addressed now as well.
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