Of the injuries that children aged 14 and under suffer each year, 10 to 25 percent of them occur while in school according to Safe Kids Worldwide. Unfortunately, in many cases, a public school cannot be sued because of the concept of sovereign immunity because this concept shields many government agencies from legal liability. However, there are some circumstances where you may be allowed to sue a school. There are several questions you might have as you seek compensation from a school.
Was the Injury the Result of Gross Negligence?
In most cases, to receive compensation for an injury at a school, the injuries must have been the result of an extreme case of negligence. A common situation is when the school does not properly maintain its facility. Examples include:
- Slipping on a puddle in the bathroom.
- Being exposed to electrical wiring and being electrocuted
- Long-term exposure to a hazardous substance such as asbestos
- A collapsing stage during a school play
Another common situation is the lack of supervision. For example, the school may not have properly supervised your child while near a pool or while on a field trip.
Is Your Child Being Abused?
There are several warning signs of abuse at school. These can include bruises or scratches, changes in your child's behavior, misbehavior or acting out, and frequent nightmares. Abuse could result from bullying or may be carried out by a teacher or another adult.
How Much Time Do You Have?
Rather than having years to file a lawsuit, you may only have months in the case of an accident at a school. Even with schools, you may be able to settle your case out of court. Some schools carry insurance, and other schools are concerned about how the courts might rule and may offer a settlement. Even if the insurance provider refuses to settle, you are more likely to win a lawsuit if the school carries insurance.
What Are the Requirements for Suing a School?
You must typically notify the school well in advance of your intention to sue it. In some states, you will only have 30 days to send a notification. Failure to do so will usually lead to your case being thrown out.
If you are struggling to pay expensive medical bills after your child was injured at school, contact a personal injury attorney to find out if you may schedule a free consultation. Then, you can discuss your case and find out if you may have a case.
