Every year, there are over 200,000 children injured at school while using playground equipment.
Many more suffer an injury while taking part in school activities on sports fields all over the country.
If your child has come to harm or suffered a permanent injury, the implications can be far-reaching and costly.
Don’t accept this as simply bad luck, you could have reason to claim a personal injury settlement from the school.
Here’s what you need to do if your child gets injured in a school accident.
First Steps in a School Accident
As with any inured child, the first thing to do is obtain urgent medical attention.
Get your doctor to write a detailed account of your child’s injury.
Next, get written and sworn accounts of the situation leading up to the injury from any witnesses present.
If you think you have a personal injury case based on this evidence, get in touch with a lawyer.
When your lawyer reviews your case, they’ll need to determine fault.
This can be especially difficult if you’ve signed a waiver exonerating the school from blame in the event of an injury at school.
However, it’s not impossible to prove negligence even in these cases.
For example, if a coach has refused to allow your child the opportunity to rest when they’re clearly exhausted, you could have a case.
In addition, the courts have dismissed many cases on the grounds that it’s unreasonable for school employees to supervise children every minute of the day.
This doesn’t mean they’re entitled to leave youngsters to their won devices though.
Only an experienced personal injury lawyer can advise you on a further course of action.
This hinges on the aspects of intentionality and negligence.
Intentionality Vs Negligence
Examples of intentional injury to your child usually involve some kind of bullying from another child or an abusive employee.
You can hold the school accountable if they had reason to know bullying was taking place.
If there’s an employee to blame, the school could be guilty of insufficient background checks during their hiring process.
By far, most injuries are accidental in nature.
That doesn’t go to say that the school couldn’t have avoided them with reasonable safety measures and vigilance.
Will You Have to Go to Court?
Most cases involving compensation for harm caused by another end up in court.
That’s why it’s important to lawyer up if you intend to prove school liability for student injury.
State regulations protect schools when it comes to how much supervision is enough.
In addition, school districts are essentially a government entity.
That means they’re invulnerable to civil actions, barring specific circumstances.
You’ll need an experienced attorney at your side to overcome all these obstacles if your school accident case ends up in court.
Making the Most of Any Situation
For more information about what to do in personal injury instances like a school accident or MVA, keep reading our blog.
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