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- Path: sparky!uunet!portal!lll-winken!uwm.edu!linac!att!bu.edu!dartvax!coos.dartmouth.edu!time
- From: time@coos.dartmouth.edu (Susan M. Kennedy)
- Newsgroups: misc.legal
- Subject: injury lawsuit
- Message-ID: <C1GsEn.7Ku@dartvax.dartmouth.edu>
- Date: 26 Jan 93 14:03:59 GMT
- Sender: news@dartvax.dartmouth.edu (The News Manager)
- Distribution: na
- Organization: Dartmouth College, Hanover, NH
- Lines: 25
-
- I think this is an unusual situation. My son was injured during a school
- activity. He sliced his finger while carving a pumpkin, severing two
- tendons an artery and a nerve. The repair was done at a local hospital by a
- qualified surgeon. He told us there was the possibility that the tendons
- might adhere requiring additional surgery which turns out to be the case.
- Here's the legal question we and my son have incurred expenses,
- inconvenience, pain and other risks and fears(mostly related to worries
- over anesthesia) The principal investigated the incident and in a written
- statement pronounced the school (really the teacher, this was a project
- involving 3rd graders with insufficient guidance and supervision) at fault
- and recommended that the school pay for the medical expenses. I called
- the school superintendent to get the insurance company's name and he
- would not give it to me and said that it was up to my insurance company
- to deal with their insurance co. no actual offer to pay for medical
- expenses were made (its up to the superintendence office to make such an
- offer) Meanwhile our Insurance Co sent a form asking if we were going to
- sue. It seems that we are being forced to sue if we want to recover our
- costs (deductible co-insurance, etc). Of course if we sue we have to sue
- for enough to pay the lawyer and pay back our insurance Co, which is
- obviously much more than if the school/town paid us for our out of pocket
- costs and something for the various inconveniences. Now if he does not
- regain full use of the finger I guess we will have to ask for more
- compensation. I realize that with all the personal injury lawyers out
- there advertising on tv etc, that this is a fairly lucrative enterprise but
- isn't there a better way?
-