How long do I have to sue a school for a personal injury?

Some boys took acid and threw some on my back while at school. I was burned very bad. I had to lay on my stomach for 4 months. I got better but the pain always comes back especially since I've been pregnant. My back has really hurt so I'm just wondering can I sue for pain and suffering? It has been about 13 years since it happened.

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Answered By: Andrew T. Velonis, P.C.

Call now: (315) 579-3108

In order to make a claim against a public school, the claimant must file a Notice of Claim within 90 days of the occurrence and suit must be filed within one year and 90 days. But: there can be exception if the school had actual knowledge of the incident, and the statute of limitations can be extended if the injured person is a minor at the time of the incident. Also: you would have to show that school officials knew or should have known this was going to happen and failed to take steps to prevent it. Finally, if you were an employee of the school, you are limited to worker's compensation.

Answer Applies to: New York - Replied: 8/31/2011

Answered By: The Law Office of Stephen R. Chesley, LLC

Call now: (718) 569-8738

Depending on where the accident occurred and the laws of the community inwhich the school is located, the general rule in NYS is that the statute of limitations for a public institution is one year and ninety days from the date of the incident. Just the fact that you were injured on by a fellow student of itself would not make the school district liable for any injuries. Each case must be determined on it's own merits. If you would like to discuss this matter further.

Answer Applies to: New York - Replied: 8/29/2011

Answered By: Law Office of Jared Altman

Call now: (914) 737-0200

You have ninety days to file a notice of claim against a public school (sometimes excusable) but must sue within one year and ninety days. Against a private school you can sue until your twenty first birthday.

Answer Applies to: New York - Replied: 8/29/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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