my disabled child suffered from a broken thumb at school while he was with a class assitant. she claims he fell while in a gait trainer. no report was made and no incident report filed as of yet. this happened on monday and i spoke with principal on tuesday and requested an incident report. they seem like their position is that it was not an injury he suffered from the fall. my son has cerebral palsy and does not walk or speak so i cant ask him what happened. im looking to find what options i have.
Country relating to Question: United States
State (if USA): California
just talking to principal and staff. and i will talk to them again to get truth and an incident report.
It is up to the school to provide care for this type of student, which is why he has an aide. If the child was injured at school while under the care of the aide, you would have grounds to seek to sue for negligence for his injury, even though they are denying it, the fact they do not have any reports or evidence to support their claims, he did not have the injury when he left for school, he had it when he returned home and the aide says there was a fall. Thus, you need to consider sitting with a local personal injury law attorney to examine this and your evidence to determine how best to proceed from this point to show the aide was negligent regarding the fall.
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are there any other steps i should take before obtaining a lawyer or should i have a laywer present seeing that they keep changing the story and wont write a formal report. i just dont know which step to take first before a possible lawsuit. and im told a broken thumb is not severe enough to have a lawsuit but my child crawls to get around now i carry him even more and my back is already strained.
You should make a written demand on the school to pay for the injury and if they continue to deny it, then you need to sit with a lawyer. You are right in that the value of the broken thumb is likely less than a few thousand dollars on top of the medical bills, but getting a lawyer is not necessarily to sue them, just to make them do the right thing and follow their policies and protect your child while in their care.
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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