Seagrove Beach, FL Personal Injury Law Firms & Lawyers

Hopefully you had car insurance on that vehicle.If so, you must immediately report the claim and furnish the insurance company with all of the papers ,theirs and yours. It has a duty to defend you. They could deny that duty for your timely failure to notice them, Do that NOW!

Schools are not required to carry medical payments coverage, which pays benefits regardless of fault (I am not referring to health coverage they may make available for parents to purchase). The school will only be liable if they were negligent in failing to adequately supervise, care and protect the children. This could include failing to tale precautions if they had reason to know the child that injured your daughter was a danger to other students. Another example: If there is rough-housing going on which the teacher ignores and a child is injured, that could be negligent supervision. If however, without warning, or reason for the school to know, one child pushes another child, that would be a hard claim to prove up as negligence. As for the at-fault child, it is possible his/her family's homeowner's coverage would come into play (if they have such coverage). There are many factors which an experienced personal injury lawyer will consider in determining what if anything can be done. 

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. In your situation, I can't tell if the failure to take the MRI made you any the worse off than you would have been otherwise. You mention that "litigation is pending" against the other driver. If you are using that technical term correctly, that means you have a lawyer, and any personal injury lawyer worth his salt would have looked into the malpractice question. So, are you trying to second-guess your lawyer? Yes, your wife has what is called a "derrivative" cause of action, meaning that it derrives from your cause of action. The law recognizes that when one spouse is injured, both are affected. The damages are not exactly "pain and suffering" though, there are three elements: 1) Loss of society and companionship (her life has been disrupted by your injuries); 2) Loss of value of household services (you couldn't pack the boxes or help with 101 other things involved in moving, and that has a financial measure) and 3) Loss of consortium (sex). Theoretically, your wife's cause of action could be sued seperately, but it is rarely a good idea.