Was Your Child Injured At School? Contact A Lawyer For Child Injuries At School
Children’s injuries are sometimes unavoidable. Because of their continual development, children are susceptible to a wide range of dangers and risks. The scope and nature of children’s injuries can be particularly damaging to a child’s future.
While state and federal laws often include safety guidelines for children’s products and activities, such laws are frequently ignored or not enforced. Too often, children are harmed, injured, or even killed by the carelessness or negligence of others.
A PERSONAL INJURY ATTORNEY YOU CAN TRUST
Protecting children is of utmost importance at Grey Law. At our firm, we understand child injuries can happen at a moment’s notice. In most cases the accidents were preventable. But, when it occurs at the hands of a negligent adult, whether it’s school staff, a babysitter, or other caretakers, you have every right to hold them accountable.
Attorney David Grey has been offering legal services for individuals and families across Los Angeles for over 35 years. When children get hurt in California, you might not be able to settle or bring a lawsuit against the defendant immediately. Unlike other practice areas of personal injury, the rules are drastically different. That’s why you should entrust a firm that has recovered millions for clients.
To learn more about how we can assist you, reach out to our firm today!
CHILD INJURY STATISTICS
Babies between 15 to 17 months get injured the most, according to a U.S. study done by the University of California. The following are some United States child injury statistics:
- 47% of the deaths in children from birth to four years old result from house fires.
- Trauma is the leading cause of death in children over the age of one.
- Over 6,600 children die from injuries annually.
- More than 14 million children are hurt each year from injuries.
Children can get hurt in many different situations, including:
- Animal attacks and dog bites
- Playground injuries
- Burn injuries
- Dangerous toy accidents
- Slip and fall accidents
- Food poisoning
- Auto accidents
- Sports injuries
- Swimming pool accidents
- Defective products
- Prescription drug adverse reactions
COMMON CAUSES OF CHILD INJURIES AT SCHOOL
Parents hope and entrust schools to keep their children safe. However, accidents do happen, and it is the school’s responsibility to ensure their safety. When an accident occurs at school, injuries can be tragic and sometimes even fatal. As a parent, you can pursue justice and compensation for your child’s injuries. The damages recovered can help compensate for medical expenses, pain and suffering, and much more. Here are some of the common causes of child injuries at school:
- Bullying and assaults
- School bus accidents
- Playground accidents
- Sports accidents
Because child injury cases are often very complex, you must seek help from a team of child injury lawyers in Los Angeles who can help you prove liability and get you the compensation you need to get through this difficult time. We can help recover the following damages:
- Past and future medical bills
- Pain and suffering
- Mental anguish
- Lost wages (for parents or guardians)
- Funeral costs (in wrongful death cases)
Many serious unintentional child injuries are avoidable with proper precautions. At Grey Law, our lawyers represent clients whose children have gotten hurt. We carefully investigate an accident and offer a comprehensive evaluation of circumstances surrounding an injury to identify responsible parties.
CAN A SCHOOL DISTRICT BE SUED FOR INJURIES TO STUDENTS?
Yes, a school district can get sued for injuries to students. The school is protected by sovereign immunity, meaning you have to file your claim against the school district for alleged negligence. To do so, you and your lawyer will need to fill out a notice of claim in writing. It must contain specific details, such as:
- The nature of the accident
- Injuries caused
- Demands for compensation (monetary amount)
LIABILITY FOR NEGLIGENT SUPERVISORS
Property owners and schools are legally obligated to protect children from dangerous conditions. Liability for playgrounds is slightly different as it can involve school officials and non-school officials. Your lawyer must prove:
- That the accused person was in charge of the property at the time of the accident
- That the injured child was the type of person expected to be on the premises by the property owner
- That the accused person did not exercise the proper amount of expected care
- That the injury of the child was foreseeable
- That the carelessness of the accused was the primary cause of the child’s injury
This article further explains how to navigate through a playground injury.
The lack of supervision at daycare or school often results in child injuries, including broken bones or head injuries. Negligent supervision cases are the worst because they are usually preventable. The following people share responsibility:
- Parents (the child’s own)
- Other childrens’ parents (if the child was under their care at the time)
- School or daycare during the time the child is in their care
Anyone watching your children has a “duty of care” to keep them safe. Any breach of that duty may entitle your kids to compensation for whatever medical costs, pain, or suffering endured.
A plaintiff bringing a tort case must consider the following to win a negligence lawsuit:
- Consent – the injured must not have approved the action that resulted in injury.
- Contributory (or comparative) negligence – means that to a degree the plaintiff is responsible for neglect, the damages paid to the plaintiff will get reduced by a similar degree.
- Illegality – if someone gets hurt doing something illegal, no damages will get awarded to a plaintiff.
SUPPORTING ARTICLES ABOUT CHILD INJURIES IN LOS ANGELES
PERSONAL INJURY CLAIMS INVOLVING CHILDREN
Personal injury claims should have ample evidence, especially when parents are pursuing legal action on behalf of their child. Adults or parents responsible for supervising the child when the injury occurred can face charges for negligent supervision. It differs slightly for institutions like a school, daycare, or other institutions. Sometimes they are protected through sovereign immunity. For example, you would be taking legal action against the school district instead of directing your concerns to an elementary or middle school.
WHAT IS THE STATUTE OF LIMITATIONS FOR SCHOOL INJURIES?
You can file a claim for any personal injuries your child sustained at school. However, there is a statute of limitations or deadline for filing and winning your case. For minor to severe cases, you have two years to act from the date an injury got caused or one year from the date of discovery. This article details how the statute of limitations can impact your case, as well as reasons why having a personal injury lawyer in Los Angeles can strengthen your case.
FREQUENTLY ASKED QUESTIONS ABOUT CHILD INJURIES
- How should parents approach the situation when their child is injured?
When any child gets hurt, the initial focus is getting them what they need to recover as soon as possible.It is up to you, as a parent, whether it is best to bring a lawsuit to hold the negligent sitter, school, wrongdoer accountable. It’s not easy to balance medical expenses, doctor’s appointments, or rehabilitation treatments. Filing a legal claim is best to recover damages for the physical or emotional impact this caused.
- How can we tell if our child’s injury is minor or life-threatening?
Not every injury requires hospitalization, but it might be necessary. If your child is on a sports team, loves playing outdoors, or roughhousing, the impact sustained after a fall, for example, might cause more damage than you think.At the hospital or doctor’s office, they will assess the harm and write an official report. Make sure to keep it, should you need to file a lawsuit and keep a detailed record of how the wounds progress. In many cases, we see:
- Joint pain
- Additional signs of other injuries and conditions
- Is pursuing a lawsuit a traumatizing experience for children?
In California, the law specifically protects children from the emotional toll that lawsuits might have. Children are seldom traumatized from personal injury cases.
- Can children bring a lawsuit alone?
No. Parents or guardians can litigate on their behalf and be more involved while their kids go to school and rest at home. With guidance from a personal injury lawyer, you make all decisions in the case.
- How fast should parents act to bring a lawsuit?
Parents have until their children turn 18 years old. Children have a one-year statute of limitations to bring charges against the negligent party. Because this might happen more than a decade later (in most cases), it is best to avoid holding off and waiting until they are of age.There are unique exceptions to the statute. If this is a lawsuit against a government entity, like a school, they have six months to file a claim. For more information, you can reach out to our child injury attorney in LA.
SPEAK WITH A LOS ANGELES CHILD INJURY LAWYER
If your child got injured due to negligence at school, daycare, or anywhere else, contact the child injury attorneys at Grey Law. Call our office today at 323-673-3655 for a free legal case evaluation to discuss your case and options for moving forward.