What is the statute of limitations to file a claim? 15 Answers as of April 04, 2013

My daughter was injured at school during recess. She had to have surgery on the broken finger. Will the school insurance reimburse me for expenses?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Under Michigan law, the school and its employees are immune from suit for ordinary negligence. You have 2 years to sue, but unless you can prove an exception to the governmental immunity law, you will lose. I doubt that the school will pay for any medical expenses.
Answer Applies to: Michigan
Replied: 4/4/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
There is no statute you need worry about as it relates to child under age. Who knows what any school insurance will cover. Why don't you ask the appropriate school officials. And why is the school liable for your child? You did not say.
Answer Applies to: North Carolina
Replied: 4/4/2013
S. Joseph Schramm | Joseph Schramm
Generally, the statute of limitations for personal injury suits is two years from the date of injury in Pennsylvania. However, in this case you might have an additional problem which might bar any suit against the school. Under the Municipal Tort Claims Law of Pennsylvania, persons injured on municipal property or by the actions of municipal employees are unable to file claims against the municipality unless those injuries arise from one of several types of defects or activities listed in the statute ( e . g . operation of city motor vehicles). Public schools fall within the coverage of this law and you would have to show that the injury to your daughter occurred as the result of some unreasonable defect on the property of which the school either did or should have had knowledge. That tends to bar a lot of suits for personal injuries against schools in the Commonwealth.
Answer Applies to: Pennsylvania
Replied: 4/3/2013
Durham Jones & Pinegar | Erven Nelson
Generally speaking, the statute of limitations is two years. You should make a claim immediately against the school and its insurance company.
Answer Applies to: Nevada
Replied: 4/3/2013
Law Offices of Tanya Gendelman, P.C.
Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
You have 90 days to file a notice of claim.
Answer Applies to: New York
Replied: 4/3/2013
    The Ticktin Law Group
    The Ticktin Law Group | Peter Ticktin
    With regards to your issue, we would need to know the date and details of the incident. We would also need to know the type of coverage that your child's school has.
    Answer Applies to: Florida
    Replied: 4/2/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Two different questions. In NY, you have to file a Notice of Claim within 90 days and file a lawsuit within a year plus 90 days. You don't provide any information as to whether or why this is the school's fault, but whether it is or not, the insurance company will not pay anything voluntarily.
    Answer Applies to: New York
    Replied: 4/2/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The statute of limitations to sue the school is three years if you file a verified claim within one year of the accident, two year if you do not file a verified claim. Also, the SOL is tolled while the victim is a minor, and she has one year after she turns 18 to file a suit. I cannot say whether the school insurance will reimburse. The school is not liable just because she was injured on the premises. You must show that the school was negligent in some way and the negligence caused the accident.
    Answer Applies to: South Carolina
    Replied: 4/2/2013
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    In Utah, the statute of limitations for negligence is 4 years. However, because your daughter was injured at a school (unless it's a private school) she has 1 year to file suit. There are other things you will have to do as well, such as a notice of claim. Bringing a disputed claim against a governmental entity such as a school is complex and you should find an attorney.
    Answer Applies to: Utah
    Replied: 4/2/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you child attended an NYC school, a notice of claim must be filed within 90 days of the incident. You should discuss this matter further with an attorney to see if you would have a lawsuit. The school on it's own will not reimburse you for medical expenses.
    Answer Applies to: New York
    Replied: 4/2/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You have 2 years in Alabama to recover your medical expenses and she has 2 years from her 19th birthday, but that date can't be more than 20 years from the date of the accident.
    Answer Applies to: Alabama
    Replied: 4/2/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    Whether or not the school (actually the school district) reimburses for medical expenses is up to it. No guaranty. When one believes a school (district) is at fault for injuries sustained by a minor the statute of limitations is different than other negligence claims, e.g., car accident. One must file a formal Claim Against Government Entity, no later than 6 months from the event that caused the injury. IF that date is missed, the minor has another 6 months to petition the entity to allow for the filing of a late claim. This is usually denied by the entity. Then there is a time limit to petition the superior court for permission to present a late claim or to waive the process. When the injured party is a minor the superior court will grant the petition. If the injured party is an adult (i.e., 18 years or older) the petition process has other rules attached with it that do not make the granting automatic, as with a minor's petition. The claim will probably be barred if the procedure of the claim process is not strictly adhered to.
    Answer Applies to: California
    Replied: 4/2/2013
    Mark G. Patricoski, P.C. | Mark G. Patricoski
    Not as simple a question as you may think. Generally injury claims have a 2 yr statute of limitations, but they are decreased to 1 yr for government / city / municipal settings and in some cases, notice is required before these dates. Additionally, for minors, the statute does not commence until the 18th birthday. Having said all this, this is a dangerous area, and the facts must be fully discussed and the venue / jurisdiction of the claim must be evaluated. There is never a good reason to delay the claim. The bigger problem is that must schools have immunity form negligence and a typical recess injury will not be successful against the school. Did another child cause the injury and how. Need more details. Thanks Thanks for the note and inquiry in reference to your claim. I would be happy to discuss this and provide you with a free consultation and discuss your specific situation if you call my office / cell at either of the numbers listed below. If we enter into a representation agreement, there is no attorney fees charged until we are able to obtain a settlement for you. Please note that we handle cases through-out the State of Illinois. Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 4/2/2013
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    A private school may have insurance. If so, there may be a med-pay provision that pays a certain amount of medical expenses regardless of fault. Normally the statute of limitations for personal injury in California is 2 years. But if she's a minor, that does not commence until she?s 18. If this is a public school, you need to file a tort claim within 6 months of the incident. That is a prerequisite to filing suit. Ordinarily, a public entity is not liable for recreational activities.
    Answer Applies to: California
    Replied: 4/2/2013
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    The statute of limitations for a personal injury claim for a child is 2 years from the child's 18th birthday. Whether the school will reimburse you for the medical depends on whether the school has insurance coverage that pays for medical expenses. If the school was negligent resulting in your child's injuries they may be responsible for the medical expenses and for the injury as well.
    Answer Applies to: Ohio
    Replied: 4/2/2013
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