If you have a personal injury claim against a school, a school employee, or a similar government entity or employee, you probably already know that it’s more complicated than just suing a private homeowner for a slip-and-fall. But what makes it so complicated, and what is the process?
Schools and their employees are often immune from liability for actions they undertake within the course and scope of their duties. That immunity is not unlimited, however, and particularly where a child’s injury is caused by gross negligence, malice, or wantonness, you can be compensated with monetary damages. CGS § 4-141, et seq. But, before you take your case to court, your case must be reviewed by the Commissioner of Claims.
Depending on the value of your case, the Commissioner of Claims will review your case, and may conduct a fact finding investigation, including witness interviews, document inspections, and other types of inquiries. The parties may engage in discovery in some cases, and the Attorney General may also be permitted to file a dispositive motion that asks the Commissioner to decide the issues in the case just on the known facts and law, but without a full hearing or trial. Once the Commissioner of Claims’ investigation (if applicable) is complete, s/he may issue a decision, or if there are unresolved legal issues, they may authorize you to file suit in
court.
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Navigating an administrative process with an administrative authority requires expert guidance. Small mistakes such as misunderstanding a statute or missing a deadline can impact or even eliminate your ability to seek relief. If you have a personal injury claim against a school, school employee, or a similar government entity, the attorneys at Maya Murphy, P.C. can assist you. Managing Partner Joseph C. Maya may be reached directly by telephone at (203) 221-3100, ext. 110 or by email at JMaya@mayalaw.com.
The above is not intended to constitute legal advice, and you should consult with an attorney as soon as possible if you believe you have this, or any other type of claim.