Talk to a Florida attorney who knows the laws as they affect the school's possible immunity. Do it now rather than waiting and get photos as well....
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
There may be a claim if you can establish negligence (ie: negligent supervision etc.). You need to contact a local personal injury attorney ASAP, as there are very short statute of limitations in most states for this type of action. I am unaware of the statutes of limitations in your state - I am a California attorney. MOVE QUICKLY
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
I have cases similar to this and agree, they are tough, but there may be a claim here. You can sue for negligent supervision or for essentially a teacher's negligence in performance of his or her duties. Anything remotely relating to a school nurse is virtually untouchable by lawyers because of a combination of tough governmental immunity laws and tough medical malpractice laws. The tug-of-war concerns me and likely was a foreseeable injury that the teacher could and should have prevented or made more safe.
I'd be happy to talk you though it- email@example.com or 1-800-6-know-law.
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I agree with the responses and would also suggest you talk to an attorney about a possible product liability case. If this is one of those exercise bands with a handle on each end, I have seen several cases recently where people have been injured while using them as intended.
This response is intended as only general legal information and not specific legal advice for your case. You should consult with an attorney for legal advice. You may contact our statewide offices for a consultation, toll free at 1-866-318-4878. Main office Gainesville.
Let me add a few things to the comments my colleagues have offered. The first point I want to make is this: money without a purpose finds a way of getting spent. We've all heard of athletes and celebrities losing their fortunes and ending up broke. Well, it happens to real people who win lawsuits, too. Start thinking long term about what to do with the money that your daughter receives from this claim, if any. College fund? Retirement fund with 50 years to accumulate tax-deferred? Cash value life policy for her (ridiculously good idea that hardly anyone ever considers or acts on)? Structured settlement? You have choices; and you might not know which is best by yourself.
The second point is that Florida law mandates a guardian ad litem be appointed by the Court (cost and hassle) for settlements above a certain amount. Again, there is some planning that can be done ahead of time to obviate the need for a guardianship. The key is to plan for both points with your child's best interests at heart.
Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.
You may have a case, but more facts are needed. Get a local FL attorney to sit down and discuss with you.
Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com
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