My son was thrown from the back of the pick up truck owned by a teacher and driven by a student while they threw away garbage for the welding shop. Driver did not get any trouble. A police report was not made. The teacher did not get any trouble. It was not supervised and they will not let me see the video. Driver's father is a local judge and his mother is a teacher at the school. My son broke his hand and injured his back. The school went behind my back and deliberately called my husband who is his stepfather and an emergency contact. On the 2nd day my husband was called to the school to drag my son 3 hours away to a doctor of their choice. They personally knew my husband and they were Trying to get around explaining it to me. They never contacted me and my husband and I were split up at the time and staying in separate houses. I contacted them asking for the police report the video and any other information about this accident. Nay replied telling me they had spoke to my husband about the accident and asked me to contact the school superintendent instead of the principle and that is all I've heard from them.
You should call one of the large state-wide personal injury law firms or civil litigation firms and may have the right to sue everyone involved. Try Morgan and Morgan or Dan Newlin.
Try contacting a personal injury attorney outside of the immediate vacinity. Any Florida licensed attorney can handle the claim. There are a lot of potential responsible parties in your case and you need to immediately get representation. I see at LEAST 4 potential defendants, possibly more depending on further facts.
Also, a PIP claim needs to be opened on behalf of your son. And, there may be potential UM claims as well. In this instance, if the defendant ends up being the school - they are self-insured, which means you can go after your own UM first. If that confuses you at all, it should as this stuff is complicated.
With regards to treatment, DO NOT treat at any doctor they recommend. Get an attorney and seek your own medical treatment for your son.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Snyder is licensed to practice law in Florida. The response herein 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.
Discuss the case with Florida counsel about contingecy fee representation.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
You should seriously consider consulting with any number of reputable personal injury attorneys in the State of Florida. Your son seems like he would have a valid claim for the injuries he sustained during the accident to a number of different parties. The likely complication here will be that you and your husband are separated. Since your son is presumably under the age of 18, who makes the legal decisions for your son are incredibly important in this matter over and above what parties can/need to be sued.
Additionally, since your son hurt his back, it's important for him to get the proper medical care. Make sure you choose an attorney who knows how to steer your and your son through the process of finding the right medical professionals to treat his injuries.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Waggener is licensed to practice law in Florida. The response herein 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.
Nooooo Lawyers don't want to get involved in a pissing contest between you and your estranged husband over such a case, especially on a contingent fee, where the pissing contest would simply cost them a fortune in legal expense for no result. You AND your husband would need to get together to decide how to approach any claim or lawsuit, and likely need to have a guardian ad litem appointed to look out for the child's interest over the both of you. There is no inherent reason any lawyer would refuse to pursue a claim under the facts provided.
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Lawsuits against teachers/schools are challenging because the amount of the recovery and the amount the attorneys can charge are both limited by statute. That being said, based on the facts as you have laid them out it appears your son would have a claim and there may be other sources of recovery besides just the school system. You should consult with an attorney in the next nearest metropolitan area that handles cases in Port St. Joe, FL. There are many firms that handle cases all over the State of Florida. Make sure you keep all medical records and/or bills. Most personal injury lawyers offer a free consultation and are only paid based on a percentage of the recovery. Best wishes
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