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What If Your Child Is Injured At School?

If you’re a parent with kids, you already know the low level worry that all parents experience when they’re not around to directly oversee their children. It’s one of the things that every parent has to accept as a part of life as the child grows up, especially when it comes time to go to school. Once a child is of age, it’s not just a legal requirement but also in their best interests to start attending school and learning the skills and knowledge that will give them the opportunity to lead a happy, successful life. But it also means that now your children are away from home for eight or more hours of the day.

In most cases, this is simply a normal process of growing up that all of us experienced in our own lives. But sometimes the unexpected happens and a child can actually sustain an injury at school. Depending on what transpired, your child’s injuries may be the result of negligence at school, and if this is the case, you may have some legal options available to you.

Get The Facts

The first and most important thing you should do for your family and your child is get the appropriate diagnosis and treatment for whatever injury has been sustained. It’s important, if you want to pursue a personal injury case, to get as much information as you can about the nature of the injury. It’s also very important to determine the exact cause of the injury. As with public and private property situations where someone is injured at a location such as a shopping mall or other building, the cause of the injury is what will determine whether or not a personal injury suit is viable.

If it can be proven that your child’s injury is the direct result of some carelessness or poor judgment on the part of people responsible for maintaining a safe, school environment, then you have a negligence case that has resulted in personal injury and possibly pain and suffering . This is especially true if the injury is crippling, thus depriving the child of a normal adult life.

Public vs Private

The next thing that will change the nature of the lawsuit is whether your child is attending a public or a private school. If your child attends a private school, you can move forward with a negligence and personal injury case in a similar fashion as you would if your child were injured on a business/commercial property. The company or group that owns and operates the school would be named in the suit.

If your child attends a public school, the rules here change slightly as the school is technically considered an entity of the government. There may be issues of sovereign immunity that need to be addressed first. Sovereign immunity is the law that forbids citizens from suing agencies and organizations that belong to the state. However, sovereign immunity can—and has—been waived by the government in situations where a clear injustice has occurred.

As always, if something like this occurs to you, you should seek the advice of an experienced accident lawyer law firm to get the best advice and guidance.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

What If Your Child Is Injured At School?

Goldman Babboni Fernandez
Murphy & Walsh

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