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  1. #1
    Join Date
    Jun 2011
    Posts
    4

    Default Are You Entitled to Pain and Suffering if the Other Party's Insurance Pays Medical

    My question involves injury or loss that occurred in the state of: CA

    Approximately 1year ago, at a private school "open house" for the public invited to attend, so that they could view the school etc, and possibly might consider enrolling their child there, my kinder age child was playing on the playground, and upon sliding down slide, at end of slide, flipped and fell face down breaking upperarm. My child then passed out due to the pain.

    We sat in ER for hours, the small amount morphine they administered did not help the pain much. My child was fairly inconsolable. My child was then in a full arm cast for 6wks, and because of cast was not allowed to attend regularly scheduled occupational therapy.

    The private school offered to pay for the medical expense upon learning I had no insurance. The schools insurance commpany paid the bills, though I was told schools weren't liable for anything. Only recently did I learn that because the school did file a claim with their insurance company and because the insurance company accepted fault, and paid the medical- that my son should also have received monetary compensation for the pain/suffering, missed OT etc--- is this true?

    What does the law stipulate in this type of injury? Again it is a Private School. I ask because if I understand from this website, I have 2yrs to make a claim? How would I go about this? I do not know if this is something I would consider actually doing, I was relieved the medical was paid, but it did severely affect my son as well. Also, I believe they realized their play equipment was in violation of safety codes for slide height and ground cover....

    Thank you for your time.

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Are You Entitled to Pain and Suffering if the Other Party's Insurance Pays Medica

    Quote Quoting help4meplz
    View Post
    My question involves injury or loss that occurred in the state of: CA

    Approximately 1year ago, at a private school "open house" for the public invited to attend, so that they could view the school etc, and possibly might consider enrolling their child there, my kinder age child was playing on the playground, and upon sliding down slide, at end of slide, flipped and fell face down breaking upperarm. My child then passed out due to the pain.

    We sat in ER for hours, the small amount morphine they administered did not help the pain much. My child was fairly inconsolable. My child was then in a full arm cast for 6wks, and because of cast was not allowed to attend regularly scheduled occupational therapy.

    The private school offered to pay for the medical expense upon learning I had no insurance. The schools insurance commpany paid the bills, though I was told schools weren't liable for anything. Only recently did I learn that because the school did file a claim with their insurance company and because the insurance company accepted fault, and paid the medical- that my son should also have received monetary compensation for the pain/suffering, missed OT etc--- is this true?

    What does the law stipulate in this type of injury? Again it is a Private School. I ask because if I understand from this website, I have 2yrs to make a claim? How would I go about this? I do not know if this is something I would consider actually doing, I was relieved the medical was paid, but it did severely affect my son as well. Also, I believe they realized their play equipment was in violation of safety codes for slide height and ground cover....

    Thank you for your time.
    In my experience, it is very unlikely an insurance company issued you a payment, but FAILED to have you sign a release so you won't sue them in the future. Generally they would pay reasonable medical bills so they won't get embroiled in litiigation later on, so I wouldn't say they "accepted fault". It just makes no sense for them to pay you, and then leave themselves open to further lawsuits.

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