Is there a case and approx. how much compensation would be received for a broken tooth? Meaning I dont want to waste my time

Brooklyn, NY Viewed 46 times. Posted 7 months ago in Personal Injury

A child aged 12 was playing in a school yard at which the child slipped and fell on black ice. Resulting in a broken front tooth and that was loosened from the gum and a piece of the broken tooth lodged in the bottom lip. The child needs to have a root canal and a cap and possibly the tooth next to it. Mind you the childs dental records are consistent and no problems what so ever prior to the injury.

Additional information
This incident occurred during school hours and an ambulance wasn't called. I was contacted an hour later.

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Answers (2)

Edgardo Rafael Baez

This attorney is licensed in Texas. Posted 7 months ago.

Unless the school knew of should have known of a dangerous condition on the premisses you may have a tough time. Conversely, schools have what is called qualify immunity. Please, contact a local attorney.

The Baez Law Firm, P.C.

Clifford Douglas Gabel

This attorney is licensed in New York. Posted 6 months ago.

Without more facts, it's a little difficult to determine the viability of such a claim from a liability standpoint. For example, did the child slip and fall while under supervision of someone at the school or was it after school hours? How long was the ice there before the accident occurred? Was the ice the result of someone negligently clearing snow or did it just form on its own? Do you have photographs of the icy condition which caused the accident?

Have more than 90 days passed since the date of the accident? In New York, before you sue the NYC Board/Dept. of Education, you must serve it with a Notice of Claim within 90 days of the date of the accident. If you don't serve a timely Notice of Claim, you must move for leave to serve a late Notice of Claim and you must have a decent excuse for the delay. In cases where the value of the injury is limited as in your case, most attorneys will reject a case against the City Board/Dept. of Education if it is more than 90 days old because it's too much work and expense to start off making a motion for leave to serve a late Notice of Claim.

Nevertheless, the child's injury is serious enough to contemplate bringing legal action. You should, therefore, contact a local lawyer and be prepared to answer the questions I've outlined above. If you'd like to send me an e-mail or call me by phone, I'd be more than happy to talk with you further.