Truly a tragedy; particularly for the family of that innocent victim. Can you imagine what they must be dealing with! My condolences.
Your question is unclear; do you mean what can be done to get your child counseling? I suggest you ask the school how they intend to address this important point.
Perhaps contact a local politician for assistance.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
I would suggest that you contact a local area attorney that offers free consultations on this matter. I am sorry that your 5 year old daughter was a witness to this horrible accident. The one thing that I have not seen in your question is how your daughter was affected by her watching the accident occur. How did she feel when she told you about it? Good luck.
The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Sorry to hear that your daughter witnessed such a tragic event. You may want to consider getting her some counseling. Call a local lawyer that handles such cases.
This information does not constitute am attorney / client relationship and is just a general answer to the question posed with the limited facts available. There is no substitute to a consultation with an attorney licensed in your State.
You give too few facts. Texas law still allows for "bystander recovery" in limited circumstances. If it's a public school, you have additionally the Texas Tort Claim Act, which shortens certain deadlines drastically.
Consult with an area personal injury attorney. There's a good one in Comfort.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
No one has answered what seems to be your question, so I will try. There is not much you can do from a lawyer's view point about the failure of the school to notify you timely. There is no law or ruling that sets a time limit. So even though it is very upsetting to find out, your remedy is not in that direction. However, you can complain to the school board (I assume a public school) and hopefully get them to think about better (faster) ways to communicate with parents.
What other lawyers answering your question are referring to is a law that allows what is called "by stander" recovery. But that is limited to close relationships between the by stander (your child) and the person injured (the lady). So unless your child was related to the deceased in some way, there will be no claim on that basis.
Assuming again that it is a public school, because attendence is required, there are civil rights issues involved in school safety, but these are rare and difficult cases amounting to having to prove the school had a policy to endager children.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
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