Legal Question in Personal Injury in Illinois

My son was injured playing at school at recess. Nov 23, 2010. 7 weeks of suffering in pain. He was hit in the back of the head by a volleyball not while playing volleyball but by playing kickball with a volleyball because the school didn't have the proper balls out. My son has suffered a concussion and whiplash. He has spent 3 wks out of school and now he has a know pressing on a nerve in the back of his brain stem. He is suffering!!!! Many doctor visits 10 or more to specialist and children's hospitals. Can I sue the school for improper supervision and degalance? I was not contacted after the accident and now the school doesn't it remembering it happening. OMG and they are worried about him missing so much school.


Asked on 1/16/11, 8:56 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Certainly, every parent's nightmare. we expect our children to be safe when we send them off to school. I hope he makes a full recovery.

Additional facts are needed before this question can be properly answered. However, in Illinois, schools are generally liable to injured students only where the act that causes the injury was done intentionally or committed under circumstances exhibiting a reckless disregard for the safety of others. A thorough investigation concerning your son's situation needs to be conducted. Were there warnings on the balls? the packaging materials,? the promotional materials? playground policies violated by the school? These are just a few that come to mind. You should contact a local injury attorney as soon as possible as there may be procedural deadlines that must be met soon.

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Answered on 1/22/11, 5:23 am

How did your son get hit in the back of the head if he was paying attention? I'm sorry to phrase it that way, but unless your son is 7 years old or younger, he has a duty to pay attention to what is going on and is held to the same standards as other reasonable children his age. Further, you will be entitled to zero pain and suffering. That claim belongs to your son. All of these issues will be pointed out by the defense attorney who will also call into question why the school was not promptly notified.

Having said all that, you need to contact the school district immediately and tell them what has been going on. Best to do that in writing. They will notify their insurer. Burton provides some good advice. Good luck.

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Answered on 2/02/11, 2:11 pm


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