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What is the Statute of Limitations for School Injuries?

by on September 6, 2019 » Add the first comment.

When you send your child to school, you assume they will be kept safe while learning new and exciting things. Unfortunately, this is not always the case. Whether it is being beaten up by a bully, being a passenger on a school bus that is involved in an accident, falling down stairs or while on the playground, being exposed to dangerous chemicals while in science class, or even being sexually assaulted or shot, these and other situations can result in serious injuries. In any case, you will want your child to be compensated for his or her injuries. But to do so, you must be aware of the statute of limitations regarding school injuries. Since there are numerous exceptions and variations regarding this area of law in California, it is important to work with a Los Angeles child injury attorney who handles these cases on a regular basis, such as our team at Grey Law.

Be Aware of Deadlines
In California, students as well as adults over age 18 are entitled to financial compensation from all parties considered to be at fault for their injuries, including a school district. However, should victims fail to file a claim within the established statute of limitations, their case will not be considered by the court. If this occurs, very little if any legal recourse will be available. Therefore, it is best to put your trust in a Los Angeles personal injury attorney who handles these cases on a regular basis and has a track record of success with clients.

Lawsuits Against Public Schools
For many years, public entities such as school districts enjoyed immunity from personal injury claims. However, as laws have changed in recent years, this immunity has disappeared. Therefore, under current California law, victims who wish to file a personal injury or accident claim against a public school district have 180 days from the date of the accident to do so. If for any reason the claim made against the school district is denied, the victim is given two years from the date of the injury to refile the claim in civil court.

Minors Who are Injured
Since it is likely that many students who will be injured in these situations will be minors, California provides deference to those victims who are under the age of 18 at the time of their injury that was caused by negligence or intentional acts of others. Regarding this area of California law, minors have two years from the time they turn 18 years old to file a civil lawsuit. Due to the complexities associated with these cases, always rely on a child injury attorney Los Angeles parents know will fight hard for their children’s rights.

What About Private Schools?
Since many children attend private schools in California, state law also addresses injuries occurring in these institutions. Similar to laws associated with filing claims against public schools, a victim who suffers an accident resulting in serious injuries has a statute of limitations of two years from the date of the injury to file a claim.

Are There Exceptions to the Statute of Limitations?
While most aspects of the statute of limitations are quite specific and have little room for flexibility, there are certain situations that do allow for exceptions regarding the statute of limitations for filing an injury claim against a school. In a select number of situations, a court will allow for a temporary halting of a statute of limitations. For example, should the injured party be severely physically incapacitated due to their injuries, have a mental incapacity to file a claim within a certain time, or sustain an injury that did not show itself until much later after the accident occurred, the court may choose to allow an extension of the statute of limitations. However, be aware that courts are very hesitant to issue extensions regarding a statute of limitations. Because of this, you and your attorney will need to work very hard and have sufficient evidence for an extension needs to be granted. Rather than leave this to chance, choose to work with a child injury lawyer Los Angeles parents have trusted with these cases for many years.

Rather than watch your child suffer from their injuries and feel helpless each day about your ability to help them, turn to a Los Angeles child injury attorney who understands these situations and is committed to getting victims the justice they deserve. By scheduling a consultation Grey Law, you are taking the first step to making those who caused an accident and injuries accountable for their actions. By working with the legal team at Grey Law, you can be sure everything will be done to help you get the full and fair compensation you deserve.

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