Childhood injuries are a common occurrence both at home and school. By the time your child reaches school-going age, you have probably dealt with minor injuries from falls, slips and other small accidents at home. The situation at school is not any different as your child may get an injury while on a field trip, during recess or even on the bus. With that said, contacting a personal injury attorney can help you seek legal redress in case your child sustains an injury while at school.
It is however important to note that school injury claims are quite challenging, given the unique legal aspects involved. Therefore, knowing your options can go a long way to help you handle the case calmly and effectively.
Filing a Personal Injury Claim
Government agencies and institutions such as schools have special rules that protect them from various lawsuits. In most states, you can file a personal injury claim against a non-governmental body within 2 years of the injury. Nevertheless, this is not the case with government agencies. If a government entity is involved, you must file your claim within 120 days from the date of the injury. Failure to do so could bar the filing of a lawsuit through the courts.
Determining who is at Fault
Apart from the shorter deadlines and special lawsuit rules, determining fault when your child sustains an injury at school can be a huge challenge. After all, children are naturally careless and impulsive, meaning that they risk sustaining injuries from their reckless nature.
Moreover, they do not understand the risks involved, and they might place themselves in danger without comprehending the consequences. Considering this, the court may reduce the compensation paid if your child was liable for the cause of his or her injuries sustained at school. The defense attorney may argue that your child was partially or fully to blame for the injuries sustained.
Settlement of a Personal Injury Case Involving a Minor
The court is responsible for approving or declining the settlement of a personal injury claim involving a minor. It must also ensure that the approval process is fair, and the negotiated settlement is in the child’s best interest. Moreover, the court may issue specific orders and guidelines that dictate how the settlement proceeds are to be utilized and managed until the minor reaches 18 years of age.
Urgent Steps to Take Before Filing a Personal Injury Claim
Before seeking legal redress in case of an injury sustained at school, you should take care of the welfare of the child. Immediate steps to take include:
- Seek immediate medical care
- Document the injuries
- Report the injuries to the school immediately
- Contact a personal injury attorney
Filing a child injury claim can be a huge challenge for any parent. The complexities involved can make it difficult for you to pursue your child’s legal rights. However, by contacting an experienced personal injury lawyer, you can be sure that your child’s best interests are in good hands. The lawyer will handle all aspects of the case, ensuring that you can focus on other important matters.
