Legal Question in Personal Injury in Virginia

Re: Child hurt at Preschool

Of course the school (or anyone else) is responsible. Insurance is only a source of funds to reimburse ("indemnify") the school (or whomever). Nothing about insurance changes the responsibility for accidents. Insurance only helps the school pay.

On the other hand, it is typical for insurance companies to string you along and act as difficult as possible. That is their normal practice... to play you along as long as they can and try to beat you down.

I would suggest that you write them a letter as well as make phone calls and ask them if you should go see a personal injury lawyer or if they are going to pay.

They will know that if you go see a lawyer, he will come up with a lot more things to add to the bill, and they will end up paying more.

In fact, that is why you probably should see a personal injurly lawyewr.

Re: Child hurt at Preschool

You can file your case against the school(based presumably on negligence)in small claims court for less than $40. Rather than calling on its lawyers to remove the case to general district court for trial, the school's insurance carrier may then decide to simply pay your small claim.

Re: Child hurt at Preschool

The school's insurance company isn't going to pay you a dime unless and until you sue the school. I hear you saying you would feel guilty, or like you were "trying to get rich," if you pursued this course of action. Instead, consider that the school has paid money to its insurance company each and every month, which is money they have put aside to compensate and make whole people whom they might accidentally injure. If only the insurance companies shared your sense of fairness and paid claims without being sued first. But they don't. You can sue for $2000 in small claims court, which includes not only your medical bills, but also money you rightly deserve in order to compensate for his pain and suffering. Before you do this, make sure your son gets checked out by a doctor (for example a neurologist) to rule out more serious injuries, because any head injury can cause neurological damage. I am sure any local attorney in your area would be happy to talk the matter over without charge to you.

Please be assured the court system will not give you any more money than you rightfully deserve. In the improbable event that this happens, and you feel you have become excessively rich as a result, you can put the money aside for your son's education.