What Should I Do if My Child Is Hurt at School?

My Child Has Been Injured At School, What Can I Do?

Parents and children alike have awaited the state’s decision to re-open schools. While in-person education and activities have benefits, they can present unique dangers. Every year, millions of children are injured in accidents—many on or around school grounds. Sometimes, these injuries are caused by negligence by teachers, staff, or other students.

If your child was hurt in school, you might have already considered pursuing legal action. Our Costa Mesa personal injury attorney explains what you need to do to maximize your chances of success.

Building Your California Child Injury Case

Any personal injury claim can be challenging to prove in court, especially if you were too hurt to collect evidence from the scene of an accident. When it comes to children, preserving evidence of an injury or act of negligence can be difficult—especially when it happened at school, where you were unable to witness it.

While you may fear that such a personal injury claim may quickly devolve into a he-said-she-said situation, you can bolster your case by documenting everything you can. Try to obtain critical documents or materials, such as:

• School reports. If a teacher, staff member, or other school employee filed a report documenting your child’s injury, request a copy.
• Photographs. Once your child is home, photograph their injuries from as many angles as possible. If a dangerous condition at school or a school-affiliated property contributed to the injury, take pictures or record a video of the scene.
• Security cameras. Many schools have security cameras in hallways, cafeterias, and athletic facilities. You or your personal injury attorney may be able to requisition a tape showing exactly how your child’s injury occurred.
• Witness statements. Having witnesses ready to testify is critical if your complaint moves to trial. School administrators may sometimes try to claim that a child’s negligence caused an accident, even if they know that was not the case. Finding impartial witnesses—like teachers or school nurses—can greatly assist.

Finding Out Who Was Responsible for Your Child’s Injuries 

Determining fault regarding a school-related accident or injury can be difficult. Your lawsuit will have to detail which specific acts of negligence led to your child’s injury. You can get a start on determining liability by considering where an accident happened as well as its circumstances:

• An accident on a school bus could have been caused by the driver’s inattention or poorly maintained seats or window slides.
• A playground injury could have been caused by a lack of adult supervision, defective playground equipment, or another student’s bullying behavior.
• A slip and fall could have been caused by a janitor forgetting to place “wet floor” signs or sidewalks that were not adequately cleared of snow, rain, or ice after a significant weather event.

In some instances, you may find that multiple parties were at fault. If a bully hurt your child, for example, you might need to pursue a claim against that student’s parents and the school if they received complaints but failed to take any reasonable action to discipline the bully and protect your child.

A personal injury attorney will help you collect evidence, determine who was at fault for the accident, and construct a compelling case to collect the compensation you and your child need to recover.

Why You Need a Skilled Costa Mesa Personal Injury Attorney

You will need a personal injury lawyer’s help to determine your following action. However, your filing timeline largely depends on whether your child was injured in a public or private school.

While a lawsuit against a private school is very similar to a lawsuit against a private business or organization, public schools may be considered governmental entities, meaning that you must take action quickly, often within six months. Complaints against governmental entities must adhere to other special rules.

Contact Us Today

If you need help getting justice for your child, send The Case Barnett Law Corporation a message today to schedule your initial consultation.