Parents want their children to receive a decent education and avoid harm when they attend school. However, many schoolchildren are often injured while at school. When a child is injured at school, is there a proper recourse? Who is responsible? Those are the types of questions experienced education defense attorneys will answer. Here are some elements to take into consideration before entering into a lawsuit against a school.
Take Care of the Child First
It will be difficult for education defense attorneys, as well as the court, to assess the potential damage until the course of injury is complete. A doctor will ultimately release a student who seeks medical treatment for an injury. At this point, every medical bill should be registered. The medical bills will become the basis of the lawsuit even if they haven’t been paid off. If there’s an ongoing prescribed treatment, such as physical therapy, then those costs can be factored in, as well. Those medical records help move the lawsuit forward.
Schools fall under the purview of local municipalities concerning legal issues. The target school that is undergoing a lawsuit might have immunity against certain types of injuries sustained by students while on school grounds. Education defense attorneys will know immediately if the nature of a particular injury would warrant further legal action.
Keep in mind that any governmental immunity would only apply to public schools. A private school has a different set of standards regarding negligence.
A Question of Negligence
With lawsuits involving schools, the core issue becomes one of supervision. Was there proper supervision for the child at the time of the injury? For example, if a teacher leaves a classroom to make a personal phone call, then they aren’t supervising their students.
The other possible issue of negligence concerns taking reasonable actions to prevent an accident from occurring. A perfect example of negligence would be the school’s physicality. A student could trip over peeling tiles or a slippery floor from a plumbing leak. If the school was aware of the situation and took no immediate steps to rectify the issue, then they could be negligent.
Settling the Case
Often, education defense attorneys might recommend settling a case with the school district. A claim can be filed against the particular school’s insurance company, but only if it is preferable for the school district to resolve a matter without lengthy court proceedings. This is especially true if the only issue at stake might be reimbursement of medical expenses.
It’s important to settle the lawsuit within the time statute of limitations. No one wants to see their child injured at school. When an accident occurs, a quick and efficient remedy is found. That way, a student’s education won’t be further interrupted.
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