My Child Was Injured At School. What Should I Do?Last updated on: November 28, 2022
If your child has been injured by another individual’s negligence or intentional acts, contact a Zinda Law Group personal injury lawyer today to discuss your case. You may be entitled to compensation for your child’s medical costs, emotional distress, and more.
Call our child personal injury attorneys today to discuss your unique case. We have the knowledge and ability necessary to help guide your family through this difficult time. Further, we have the experience and technology required to help you through every step of the legal process. Call Zinda Law Group today at (888) 436-2443 for your 100% free consultation.
Make Sure They Receive The Proper Medical Care
The first thing to do after your child was injured at school is to make sure that they get the proper medical care. There are a couple of important reasons for this. First, you of course want to ensure the health of your child. Getting medical attention quickly helps to catch injuries before they become worse and get your child back on the path to health. Some categories of injuries might not present symptoms that seem serious and getting evaluated by a medical professional can ensure that these injuries are addressed.
Additionally, getting medical care soon after an injury occurs can potentially be instrumental in a legal case as well. In some situations, opposing parties may attempt to argue that your child’s injuries aren’t actually related to what took place at school. If this were to happen, then the fact that you took your child to get medical attention soon after the injury occurred could be something that helps to make the link between the school’s action and the eventual damages.
What Causes School Injuries?
There are lots of things that can cause an injury at school. Schools are filled with children and only have a limited amount of staff to watch after them. Thus, there are many situations that might result in an injury to a child.
Certain situations may result in exposure to toxins. For example, if a school is an older building, there is a chance that some of the building materials used in its construction could be toxic. Certain cleaning materials can also be toxic and if not stored properly, a child may be exposed to them.
Slip and Fall Accidents
Slip and fall accidents can ultimately happen just about anywhere that people are moving about. These can range from relatively minor to extremely serious. If the slip and fall happened because of a dangerous situation that a school caused or should have been aware of, then it is possible that they could be held liable for the injuries that resulted.
While playgrounds are a very happy part of the memories of most children, they can potentially be dangerous if a child isn’t properly supervised or if the playground isn’t maintained in the way that it should be. If either of these situations caused the injury of your child, then it may be the school’s responsibility to cover any damages that result.
Depending on the school, there may be multiple chances for students to engage in sporting activities. This could be as part of a school-affiliated team or during a class like PE. Sports, however, can present potential dangers. Some of these dangers are assumed risks by participation, but there may be situations in which a school doesn’t live up to their responsibility to keep a child safe during a sporting event.
For many children, lunch, and even sometimes breakfast and dinner, is supplied by the school. Just like a restaurant, schools need to follow the applicable food safety guidelines if they are providing food to children. If they fail to follow these guidelines and this failure causes an injury, then the school or district could potentially be liable.
Unfortunately, fights happening on school campuses is not extremely uncommon. These fights may be relatively benign most of the time, but in the worst-case scenario, they can result in serious injuries. One potential source of liability could be the family of the child who causes your child’s injuries, but the school may also be liable if they didn’t keep your child safe and had an obligation to do so.
The Duty Of The School Was To Protect Your Child
Schools have a responsibility to create a safe environment for all the children who attend. This doesn’t mean that they will automatically be liable for every injury that happens on campus, but there does exist a certain duty to maintain a safe environment. Schools are responsible for protecting students from dangers that they could reasonably be expected to predict and protect against.
The Legal Responsibility Will Depend On How And Where The Injury Occurred
Liability for any injury will always depend on how and where it occurred. This is especially true for school injuries. There may be certain situations, like field trips, where a school could be liable for a child’s injury that doesn’t occur on school grounds if their safety was entrusted to them. There may also be certain situations where the school is not responsible for an injury that occurs on school grounds. Speaking with an experienced personal injury attorney in your area will likely be the best way to determine if a school is liable for your child’s injury and what your options moving forward are.
Can You Sue A School If Your Child Is Injured?
The answer to whether or not you can sue a school if your child is injured is–maybe. It will depend on many factors, including:
Was the Act Intentional or Negligent?
If a school employee acted intentionally to harm a child then it is likely that they or their employer could be liable for an injury. However, negligence may also be a sufficient basis for liability. Negligence occurs when a school or school employee has a duty to act in a certain way, but their failure to do so causes harm.
Is the School a Public or Private Institution?
The process for filing a lawsuit against a public school versus a private institution can look vastly different. This is because public schools are government operations while private schools operate more like a business. As such, there may be more complications when it comes to filing a lawsuit against a public school.
Tell Me the Prudent Teacher Doctrine?
The prudent teacher doctrine is one way that the courts are able to determine the negligence of a teacher. Simply put, the prudent teacher doctrine holds teachers to the standard of doing what a prudent teacher would have done at a similar school under similar circumstances.
Gather Evidence To Support Your Claim
School injury cases can be very complex and difficult to successfully prove. This means that it is a good idea to gather as much evidence as you possibly can once an injury occurs. Some important evidence to track down if possible includes your child’s medical records, the contact information of any potential witnesses, and the contact information for any people who may have seen what happened.
School Injury Claims Have Special Procedures
School claims may be distinct from other personal injury lawsuits in some important ways, including shorter deadlines for bringing a lawsuit
Contact An Injury Lawyer Today
If your child was injured due to the negligence or intentional acts of another individual, we may be able to help. Whether it be a minor injury, such as bruising, or a more serious injury, such as a broken bone, Zinda Law Group personal injury attorneys have the experience and ability to help get you the compensation your child deserves.
Frequently Asked Questions
What Steps Would You Take if Your Child Was Injured?
First, it is important to ensure that your child’s immediate medical needs are taken care of. Next, make sure to gather all of the relevant evidence and information relating to the situation as you can. After that, make sure to speak with an experienced attorney in your area. An attorney may be able to give you an idea of what to expect and what your options are moving forward.
What to Do If a Child is Seriously Hurt?
If a child is seriously hurt, then it is even more critical that you make sure that they receive immediate medical care. This medical care can prevent their injuries from worsening and can even help to protect a potential lawsuit.
What is the Most Common Injury to Children?
There are many ways that children can be injured, but one of the most common is falls. In fact, falls are the leading cause of non-fatal injuries to children in the United States. While at school, there may be dangerous conditions or a lack of supervision that can increase the odds of a serious injury resulting from a fall.
How Long After Hitting Head Should a Child Stay Awake?
Ultimately, any medical advice for your child should come from a trusted doctor. If your child has hit their head and you think that they may have sustained an injury, taking them to a medical professional is a good first step so that they can provide the right advice in your situation.
Contact one of our experienced attorneys today at (888) 281-6991 to discuss your unique claim. Consultations with our personal injury attorneys are always 100% free to you. Further, you do not pay us a thing unless we are able to get you compensation in your unique case. That is our No Win, No Fee Guarantee.