Another student collided with my daughter and hit my daughter on her right side during P.E. class. I picked my daughter up from school and had her pediatrician examine her, and during the visit she became very pale and the doctor recommend we go to the E.R. Upon arrival, they did a CT and found she had a fractured rib and lacerated kidney. She was hospitalized for 4 days. Two days after her discharge, I brought her back to the E.R. and she had to be hospitalized again. She had developed a blood clot in her bladder and had to have surgery and a blood transfusion. She then underwent another procedure because she had a ruptured artery, and then underwent a second blood transfusion. I missed 4 days of work because of this and my daughter will miss the remaining 2 1/2 weeks of school.
This is a personal injury question. I will move the tag over to PI so you will get more answers. Good Luck.
I am very sorry to hear about your daughters serious injury. If the school is a Texas Public school then it is a governmental entity and can only be sued if the Governmental Liability Statutes allow them to be sued. In Texas, these suits have significant damage caps and are usually restricted to accidents involving vehicles or motor driven equipment, or accidents caused by a condition or use of tangible personal or real property. If your claim fits into these narrow windows, then you still must prove the school was negligent. If the school was a private school, the liability windows are larger, but you must still prove negligence. From your description of two students colliding in P.E. class, I think it would be difficult to prove that the District was negligent, unless you have additional facts. I suggest you contact a Board Certified Personal Injury Attorney in your area as soon as possible. Again, I am very sorry to hear about your daughter's injury.
This answer is intended to provide general information only and not specific legal advice. This answer does not create any attorney client relationship.
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