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Suffered a torn ACL and menisci while in PE class 3 years back, has the time limit to sue for negligence expired?
Anonymous3 views2 answers
During a exercise that our class had to do with a reflex ball my left leg stuck to the ground as I pivoted and tore my ligaments at the time (he was a new teacher and had only given us 5-10 mins of WEAK warm-up). I limped back to hand the ball back to my teacher he just took it and tried to start the next round, knowing that I couldn't run properly at the time I asked to sit on the bench and he agreed but showed NO signs of concern, even after the class had ended (with me VISIBLY limping). Time passed and in the end I had to have surgery which made me miss out on provincial sports competitions and is now affecting my daily life. If I walk or stand still for around 10 mins my knee will start to hurt. If I sit in class for more than 2 hours or the weather is cold, it will start to hurt...
If you think you may have a case you should set up an appointment with a personal injury attorney immediately, right away, without any delay, before you do anything else.
More important than statutes of limitations are the many barriers put up by any governmental entity when you attempt to sue them, and this would apply if this was a public school.
If for no reason other than to set your own mind at ease, you need to consult with a personal injury attorney before you attend to any other business.
Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
I truly wish you the best.
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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
In a case in which your claim is negligence, four legal elements must be proved by admissible evidence: 1) duty 2) breach of that duty 3) proximate cause of injury to that duty breach, and 4) damages.
Your case suggests you may have enough to establish duty and breach of duty. You must be able to prove all four elements in a negligence lawsuit.
This is an accurate short summary of the law of negligence but there is a lot more to the analysis. This online forum doesn’t have space for the hundreds of textbooks that have been written on the subtleties of proximate cause evidence, the two places in which there are ways to entertain a foreseeability analysis, and other concerns.
You have to act quickly. The time limit for you to sue may already have expired? Your age is not revealed so there is no way to know.
Good luck to you.
God bless.
NOTE: This observation is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.
