I have a child that is in 7th grade. She got a concussion while sitting in her chair during class. Other kids were throwing a dry erase eraser around and some kid threw it hard enough to hit her in the back of the head and caused a concussion. She went to the school nurse who asked no concussion questions and just gave her a Motrin and ice pack then sent her back to class. I didn’t find out until she got home. She still suffers from concussion symptoms of dizziness, headaches and nausea on a daily basis since it happened.
Clearly have a checked out by a doctor. You should certainly be going to the school administrators. How did the teacher allow that to occur in the classroom.?
Get her into a doctor. Contact a lawyer. Going to be hard to prove a dry eraser caused a concussion but that is something you should discuss with the doctor and the lawyer.
The advice given here is general in nature and does not create an attorney client relationship. I am not your attorney. I am licensed in Kentucky, Ohio, and federally in the E. Dist of KY, W. Dist of KY, Southern District of OH, as well as the 6th Circuit Court of Appeals. All answers are for information purposes only. You should consult counsel in your area to handle any legal matters raised in this forum. Kentucky law does not certify specialties in the practice of law. This is an Advertisement.
You should have her evaluated and treated for concussion right away. You might have a claim against the teacher and the schoolboard..
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.
I agree with my colleagues. She needs to be seen by a doctor and contact a lawyer.
The information you obtain at this site is not, nor is it intended to be, legal advice. This communication does not create an attorney/client relationship. You should consult an attorney for advice regarding your individual situation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline