Questions To Ask When Your Child Is Injured At School
When a child is injured at school, one of the first things to figure out who will pay the damages associated with the injury. It can be difficult to find proof of responsibility when an injury happens on school property. It is best to get an attorney as soon as possible to help you decide if you want to file a lawsuit. The following are some things to consider before you decide to file:
Was the Injury Intentional?
You first need to find out if the injury was due to an intentional act or if it was an accident. Intentional injuries include those suffered in the course of bullying, fighting, and harassment. If another student caused your child's injury intentionally, the parents of the child will have to bear a good amount of the overall responsibility. If the school was complicit in any way, such as having a record of bullying of your child and not telling you, the school can be held accountable as well.
Did the Injury Occur Due to Negligence?
In some cases, injuries happen at school due to negligence on the part of the school administration. Negligence can be unintentional or intentional. You can establish negligence when a certain set of standards are below a reasonable range of safety. If the playground equipment is in bad shape but the school allows children to play on it anyway, the resulting injury would be a case of negligence on the part of the school. The school is going to be responsible for ensuring the children's environment is safe.
Does Your Child Go to Private School?
Public schools are governed by your state. Any lawsuit regarding a child's injury is going to be regulated by officials of the state. A private school, on the other hand, govern themselves. This makes a lawsuit much less complicated since there are no state laws to contend with. Your attorney will work with the governing board at the school to deal with the case. If your case was strong and you have clear proof the school was negligent which resulted in injury, the case could settle much faster than dealing with a public school.
You have to be diligent if your child gets hurt at school. The minute details of the injury can quickly fade away when a child tries to recollect the events that led to the injury. Be sure your child provides the details as quickly as possible. Reach out to a personal injury lawyer to learn more.