Legal Question in Personal Injury in California

Injured at school, need settlement info

My son was injured at his school by a loss concrete slab which feel and severed a peice of his right second toe. I was wondering what would an injury of this sort be worth if it was at a private school and he is an athlete.

Asked on 5/01/01, 2:59 am

6 Answers from Attorneys

Robert Brennan Robert F. Brennan, APC

Re: Injured at school, need settlement info

Settlement value will vary, but this sounds like something our office can help you with. Please contact our office at (818) 249-5291.

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Answered on 5/08/01, 2:26 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Injured at school, need settlement info

I practice in California and Indiana. He would have and action against the school. Which school is it and where is it located. I presume you meant loose rather than loss. If it can be shown that the school failed to repair and maintain the area then they are liable for the damages. I would need a lot more information to evaluate the damage aspects. If you have any questions, you can email me or call 219-340-3890.

Michael Cortson

attorney at law

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Answered on 5/07/01, 3:07 pm
Howard Silver Law Offices Of Howard D. Silver

Re: Injured at school, need settlement info

It sounds like you may have an excellent case. Of course it always depends on the facts of the case and the injury. Please call me for a free consultation. Howard Silver (818 597-2610).

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Answered on 5/07/01, 3:28 pm
Christopher Melcher Melcher, Melcher & Melcher

Re: Injured at school, need settlement info

The first issue that must be addressed is whether the school is responsible for the injury. A property owner is responsible for injuries that occur as a result of a defective condition in the property which the owner knew or should have known about. If the property owner created the condition, such as by damaging the slab or incorrectly installing it, then the owner will probably be liable. Notice can also be shown if anyone else was injured by the slab and complained to the owner before your son was injured.

Additional parties may be responsible, like anyone responsible for the maintenance of the property, anyone who may have damaged the slab, and anyone who installed it incorrectly.

As to value, I cannot give an estimate based on the information that was provided. Certainly, the loss appears to be significant. I would need to know how the accident happened and the extent of the injury.

I would recommend that you take pictures of the area where the injury occurred before it is repaired. Your son will need this evidence to present his case. I would also talk to any school officials and maintenance workers to find out how the slab became loose and whether the school knew about it beforehand.

The statute of limitations for personal injury is one year from the date of the injury. This means that your son would have to file a lawsuit within one year of the injury to recover. If he was under 18 at the time, the statute of limitations may be longer.

Please contact me if you need any help or have any questions by e-mail or (818) 596-2307.

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Answered on 5/07/01, 5:21 pm

Re: Injured at school, need settlement info

Your question has been sent to me as I specialize in personal injury law.

How old is your son? What sport does he excel in? Has he been offered any scholarships which he had to decline? How much are his medical bills? What type of residual or disability does he have?

As you can see, the facts you have given me are far too scarce and over broad to give you any kind of an idea about the value of your son's case. The fact that he was at a private school probably will not have a bearing on the value but there could be dozens of other variables and nuiances which will go into determining the ultimate value.

I suggest you hire a personal injury attorney as soon as possible to help you with this.

Yours Truly,




TELEPHONE: (714) 963-5123

FACSIMILE: (714) 964-9993

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Answered on 5/22/01, 7:27 pm

Re: Injured at school, need settlement info

It sounds like a most unfortunate matter. Does it effect your son's walking or running? If this disfiguring injury has affected your son's gate, then you should demand more. What are the policy limits? Lost earning capacity, medical bills, future medical costs, and, pain and suffering are awardable. You need to obtain representation immediately so as to have the insurance company set the reserve at the hightest level. The insurance companies have attorneys to protect their rights, why don't you have one to protect your son's rights? Please contact me dirctly at (619) 222-3504.

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Answered on 5/07/01, 7:38 pm

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