Was Your Child Injured At School? Two Things To Understand Before Filing A Claim

When you send your child to school, you send them there with the idea that they're going to get an education, not get injured. However, the harsh reality is that a number of children do get injured while at school, every day. Although it can be both a lengthy and complicated process, you may be able to recover damages for your child's injuries, pain and suffering. If you are considering the idea of filing a claim for your child's injuries, there are a number of things you need to understand.

Seek Medical Treatment First

If your child has been injured, getting your child appropriate medical treatment should be your first priority. Even if the negligent actions of your child's school are entirely to blame for the incident, if you fail to get your child the right treatment quickly, you could be held responsible for the injuries, therefore voiding your claim.

This is especially true if it can be proven that your failure to respond in an appropriate matter of time somehow worsened their condition. Getting medical treatment first will also make way for a formal diagnosis, detailing the nature and extent of your child's injuries. When moving forward with this process this information will prove to be vital in assessing a value for your claim.

Understand Governmental Immunity

The type of school your child attends, such as public or private, is also important. If their school of attendance is public, or state operated, the school is typically covered under governmental immunity. Governmental immunity is a set of regulations that determine for what reasons and how governmental organizations can be sued. While this does not mean you can't sue the school, it does mean your claim will be held at greater scrutiny and that you will unequivocally have to show that the school was acting negligently.

For example, a child that gets injured from simply playing on playground equipment would likely fall under this immunity. However, a child that gets injured because the equipment was faulty or damaged would likely not be covered under this immunity. If your child attends a private school, they aren't typically covered under this immunity so you will have more options available to you when it comes to resolving the issue.

If your child has been injured while at school, it's a good idea to speak with an experienced attorney. An attorney will examine the specifics of your case to determine liability, ensure justice and make certain your family is appropriately compensated.  

To learn more, contact a personal injury law firm like Bishop Dorfman Lazaroff & Meehan PC