What to do after a school injury

| Nov 24, 2020 | blog |

While your child is at school, an accident can happen on the playground, during a sporting event or even in the hallway. If the school’s negligence caused the incident, you may be able to file a legal claim on behalf of your student. 

Review the actions to take if your child suffers a serious injury at school in California. 

Gather the facts

If you decide to file a lawsuit, you must have evidence that displays the negligence of a school official or employee. If your child broke his leg during a gym class football game, for example, did the coach provide instruction and supervision? Other common causes of negligent injuries at school include falls, defective playground equipment, defective facilities, food poisoning and failure to respond to bullying to another student. 

Give the school notice

This step depends on whether your child goes to public or private school. In the latter case, you can skip this step and file a lawsuit. If your child attends a California public school, however, you have six months from the injury date to serve the school district with a notice of claim that details the incident that caused the injury, the negligence involved, and the total compensation you plan to request in your lawsuit, including an accounting of medical bills and other associated costs. 

The school district may accept your claim and pay the requested compensation. If the district rejects the claim, however, you are free to file a civil lawsuit to seek monetary damages for your child’s injuries and the resulting health problems. 

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