Bb

Sue them. Because this is the only way an accident like this will never happen again to anyone else's child.They will avoid all responsibility forever and they will never acknowledge their part in the accident.

In addition to a lawyer you need a better doctor - one who has more experience in traumatic brain injury - not all neurologists do. Your daughter should be in a quiet environment so her brain can heal and trained therapists to help her recover - not a special school. If her brain and body are not given a chance to heal she runs the risk of long term post concussion syndrome pain and headaches like the retired NFL and NHL players are experiencing. Some of her memory may come back over time - both my son and I have dealt with brain injuries (different accidents, his much worse than mine, but mine still career ending)

http://robinmilesmclean.blogspot.com/2012_04_01_archive.html

http://www.washingtonian.com/articles/people/fighting-for...

Take both the legal and the medical parts of this seriously. Lean on people for help. Good luck and hugs

I can't seem to find in your post how long ago this happened. It would be helpful to know that.

I want to first off say how sorry I am. It is so frightening for our children to be hurt. Not knowing what the future brings is equally frightening.

I suggest that you find an excellent attorney - NOT an ambulance chaser. You need advise on how to proceed in regards to the school and everyone involved. It will cost A LOT to bring this to court. A good attorney will understand whether or not you have a case.

I assume that you have medical insurance for your daughter. Perhaps you could ask friends and neighbors for help with a fundraiser of a sort to help with the medical costs that insurance doesn't cover.

I wish you and your daughter all the best, and hope that she makes a full recovery.

this is crazy. I am typically one to offer advice to not go to court, but this is serious. YES find a lawyer to protect your interests and your daughters. Even with medical insurance, situations like this can cripple a family financially.

As a former cheerleader and flyer - there should have been spotters all around anything higher than one person (and that was 10 years ago! Probably more strict now!).

Stop talking to the school. get a lawyer. Subpoena the paramedics report (heck you may not even have to since she is your daughter and as her legal guardian you have access to her medical records). This is not a one week, one year kind of injury - it is one that will affect her for a lifetime.

FYI: I had a brain injury at 16 - car accident. I lost three to four months and never got that back. PLUS my neurologist said at 35 (yes now) I'd possibly have changes in my mood, actions and emotions. So there are lifetime repercussions. please take action now while it is fresh.

Absolutely get a lawyer and sue their pants off! If they were being helpful and showing remorse or concern, that would be one thing. But to be so cavalier and then to make up a lie to cover up their negligence is unacceptable.

The FIRST thing you need to do is write a letter to the law enforcement agency who took the 911 call letting them know that they need to preserve the 911 call for possible future litigation. Those calls are only available for a short period of time unless you put them on notice that they need to save it. That may become extremely important if they continue to lie about how far she fell or anything else. Also, get a copy of the ambulance company's records. The paramedics should have recorded what the school told them on scene. That may also become extremely important.

I am so sorry for your daughter. Hugs to all of you!

I'm so sorry this is happening. Prayers to you and your family. Is the school pushing for mediation? Sounds like they want to sweep this under the rug. Definitiely talk to a couple of attorneys, usually the consulation is free. Also, with injuries such as these their fee will be contingency based (based on what you win in court).

I just want to say, Leah, just because this is her first post doesn't mean this is fake, jeez! It's so annoying when someone assumes that. Maybe she googled advice from moms or whatever and mamapedia came up.

I don't often say this, but sue.

From your description, you have one hell of a case. I don't work in anything law related, but I can tell you to stop talking to the school and start talking to a GOOD lawyer. Anything you say to the school they'll use against you in court. And, gear up for a long, painful fight. These things take forever, and they're bloody miserable. But you have a case, and you should pursue it.

In terms of your daughter's condition, the fact that she's young and her brain is still developing is a really good sign. I can't give her a specific prognosis, of course, but she has a much better capacity to heal than an adult would.

First, I would get her checked by your chiropractor. I am a practicing pediatric chiropractor who was a competitive cheerleader through most of my life and was the "flyer". I was dropped so many times suffering from multiple concussions. I began suffering from constant headaches and could not function in school. My mom had no idea what to do and all the doctors keep doing was telling me to take medication. Long story short I ended up in a chiropractic office and after a course of adjustments I finally felt "normal" again. I would recommend you take her to a chiropractor that specializes in pediatrics. I know you were more asking for advice with the legality side of things but your daughter's story reminded me so much of what I lived thru I had to share my story! I am located in West LA but I can find someone close to you if you want?

The School district should at least foot the bills. I would definately seek a lawyer. It doesn't matter how high up she was she fell on school property and they should be responsible for her medical bills and any furture treatments she may need as a result of this. It's not like she was just playing around she was doing a stunt for a play. They should have thought of the consequences before having kids do such a thing. I hope you daughter will get better and regain her memory. Good luck!!!

I'm not big into suing, but I think you should.
First of all, I'm shocked at the school's response. I would sue if nothing else just for their sheer disregard for the situation.
Secondly, your medical bills are going to be outrageous and they should help you with them. And, you don't know how long your daughter is going to need medical care.
Plus, if she's lost the last 5 years, then she's going to have to make up that learning before she can graduate. Is that going to cost you money? Or is it going to delay her ability to graduate and start making a living? What were her grades like before? Will this jeopardize opportunities she might have had for scholarships and grants for college?
I definitely think you should sue.
My friend was in a terrible car accident and forgot a lot of stuff as well and had to relearn it. I was never completely convinced that she actually remembered me and our relationship. I always felt like she remembered because she was told. And I always felt like her personality was alterered - hard to explain, but she just seemed a little different.
Don't take one more phone call from the school. Run, don't walk, to the best attorney you can find.

Every one seems to agree with me thanks for the advice. FyI if you think this is fake then you need to research post concusion syndrom and amnesia.. I have been told A.J. my daughter may get her memory back, it may take 2 yrs or maybe never remember those 5 yrs.The accident happend on April 1, 2013 and from medical Doctors to school personal (principles to teachers) I have repeatedly heard we have never delt with a situation like this! To watch students and staff talk with A.j. your eyes would fill with tears as did mine and theirs. My daughter really only knows what her friends and family tell her. Every one in her life has cryed, rejoiced at symple things and laughed at the funny odd things she has done .I know this may sound funny but A.j. being a performer the first thing most of us asked was does she remember how to sing ( its a big part of who she is) the answer is yes, but only because she could sing before she could ever talk .A.J .also played guitar and surfed but still does not believe she ever did those things or ever new how to . Every one around her is soo desprate to have her remeber them some respond with she said hello I think she knows me others hug her or show her videos of things they did together, hoping beyond hope she will remeber them . I think one benefit to her amnesia is every one gets a second chance, little fights just dont matter anymore she doesn't remeber them so we don't remind her. A.j. looks at every thing in a new way from a restaurant that she used to favor to the apple pie they serve to simple things like going to a 3d movie are all brand new. When I think ite hardest is watching her as she navigates all the strange places and faces. Her favorite drama teacher has said we can all find A.J . When she takes to the stage there the faces of stranger's do not bother her she is not alone nor is she afraid, there she has no one trying to make her remeber or show her who she used to be on stage she is not alone she is among friends shs is where she belongs . This is a part that confuses every one because she can sing so well yet her favorite teacher was brought to tears when he said hello to her and the hug and excitement she once showed for him was a little more then hello as if he were a stranger on the street ( he has been a mentor to her for 4 years) . So many things have changed for A.J . And yet I have learned more about how many unmentioned acts of kindness she did for those around her,I have seen her friends take her hands and help her learn who they are again... and yet as easy as this seems to be for the kids to act on A.J. behalf its seems like its been harder for many adults to comprehendA.J and her circumstances . ..I am afraid of what her futer holds afted this type of injurt but I have also learned not to take things for granted ..when I look at A.J. and want to ask her a question I suddenly remember she will never be able to answer it .. or when I say remember when I am stopped by the relization shs does not remeber my when or where ..I keep reading self help books tell you to live in the moment and for A.J. she is forced to live in the moment no grudges or memories to hold just space and time to move forward ..her friends taught her the the song I see a brand new you and sang back up for her she sang to a packed house of strangers most of who will never know how true that song is for her in that moment.

Updated

The School barely wants to talk to me ...they avoid the topic and instead try to focus on her attendance since the accident, asking for Dr. Notes sending truancy letteres for the days she was in the hospital ...I have tried every thing I know to do to put an iep together for A.j.any way they respond with wanting a.j to leave the school

Updated

Suzmomof3, what you say about personality is soo soo true...Dr's have told me every thing from 2 months , 2yrs or even never ... I can see that A.J . Is relearning her friends names and even likes hearing the back stories, but she never shows any signs of the same type of leadership or relationship she had before she got hurt. ..I have experts tell me because she can remember a name after several times of hearing it that she's going to recover ..my instinct as a mom and primary care giver says that even my relationship with her has been altered ..A.j. knows my name and that of her dad and siblings but she is not attached to us in the ways she was before getting hurt. A.j. has even avoided certain friends and their families who she used to do a lot of different activities with. Every one around her pushes for a relationship based on their memories of her and she trys to participate because she doesn't want to be rude or watch them cry anymore. . Though every one is patient their friendship and relationship in her eyes started with a name and a face, their relationship never existed before the accident. A.j. has a meeting for scholarships and a few other honors this summer, she is not at all excited where as before she would have done non stop planning on how to be successful for these events, now all she knows is every one else is excited for her.

Updated

Now they want to expell her from school. They also asked for all of A.J's medical records. There has never been a single I'm sorry or let us help, they were neglagent and A.J suffers another blow, being removed from her peers and friends who are helping her along with losing out on all honors she once had. We are hiring an attorney all the while the school is asking what do you think your going to sue for? They ignore all Dr's recomendations and just choose to pass the buck ..We plan to attend the local school board meeting wich is televised on our local cable channels.. if I have to stand outside the school with a sign that says what would you do if your child suffered brain damage caused by school staff and pure negligence? I am going to fight for her rights..

You've gotten some good advice here. I agree that you should see a lawyer ASAP. I just want you to know that I'll be praying for your family. I'm so sorry you're going through this. May your daughter be restored to full health soon.