Legal Question in Personal Injury in New Jersey

Injury at School

My son's tooth was chipped in gym class when a classmate's watch hit him in the mouth during basketball. Immediate medical attention was required and tooth was bonded however it is too early to tell if there is additional damage to the root. Personal insurance should cover most of costs and schools insurance should cover remainder. How do I ensure that I keep this case open in case he requires root canal or ultimately an implant if he loses the tooth. School has a verbal policy of no jewelry during gym but it is not enforced. School handbook only states that jewelry or designer pocketbooks shall not be brought to gym class - in case of theft. This certainly could have been avoided. What kind of a case could I have here?


Asked on 1/20/06, 7:20 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Injury at School

Unfortunately, this is not a very good case. If it is a private school there is probably absolutre immunity. If it is a public school, there is likely some immunity, if not full, as well.

Any case for you son remians open until 2 years after his 18th birthday. However, if it is a public school, any claim on your behalf requires a notice of Claim to be filed within 90 days.

Claims against public entities require a serious permanent injury or serious permanent scar to recover non-economic damages. This is not required for a claim for economic damages. Thus, in light of the damage, I would say there is a substantial likelihood the claim could only be pursued on a limited basis.

You have supplied limited information and this response is general. I STRONGLY reecommned you speak directly to an attorney in order to better evaluate the claim and your rights.

Please feel free to contact me to discuss.

Read more
Answered on 1/21/06, 10:11 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New Jersey