Accidents happen every day and are especially common to children. Children are susceptible to bruises and scrapes but serious injuries can happen in school. If your child has been injured while at school, you could be eligible for the financial settlement. If you are living in San Diego and looking for a Local Lawyer in San Diego or attorney for child injury in school, Local Attorneys 360 is the most reliable law firm in San Diego.
Children can file personal injury Lawsuits?
Before we can learn more about children’s personal injury lawsuits, we need to determine whether children are eligible to be part of personal injury lawsuits. According to the law, children who are under 18 can be eligible for financial compensation for an injury to the person.
But, a minor can’t sue by themselves. The legal guardian or parent must file the suit, and it is possible to file two lawsuits at once. One suit compensates the legal guardian or parent and the other one handles compensation for the child. If your child have been injured in a school, you need experienced Local Personal Injury Lawyers in San Diego on your side. Accident Lawyer Attorneys San Diego has represented clients in a wide variety of personal injury cases, and they are ready to help you get the compensation you deserve.
The damages could cover the loss of income as well as any medical expenses related to the injuries. The majority of compensation will go to the legal guardian or parent as they are the ones responsible for the care and protection of the child.
Is the School Held to Accountability?
There are a few questions regarding whether schools are able to be held responsible for any injuries that occur that occurs on their school property. It is, however, a school’s responsibility to provide students with an environment that is safe for them to get their education.
Schools are required to protect their students from injuries because of slippery floors, unsafe surfaces, unsafe conditions, or any other students. Because schools are in the parent’s place (also called the in loco parentis) and are accountable to ensure the safety of every student.
However, they aren’t accountable for injuries that occur on their property after hours or during sports events. They are not responsible to supervise children during non- the hours of operation, and athletes take on the risk of injuries that happen during playtime.
What Kinds of Injuries Could be averted?
Injury Resulting From Other Children
If your child has been injured by another child, the blame is not always on that child. Schools must prevent bullyingand teachers have to be able to supervise any situation that may lead to danger.
Accidents on Buses
Accidents can happen between cars and buses , too. If you are able to file a personal injury lawsuit against the driver who caused the accident however, the school district could be responsible for the actions of the bus driver or inaction.
Injury Resulting From School Equipment
Sometimes, children are injured by the use of equipment for school sports or any other. Injuries caused by unsafe equipment (like balance beams, playgrounds, or balance beams) or a lack of supervision could be used in court to prove personal injury.
Injury resulting from Premises Liability
Schools also have a duty to ensure that their playgrounds are secure. Wet areas that are not marked can lead to slip-and-fall accidents, and unsecured handrails could make children fall off the staircase. Schools must ensure a child’s security throughout the day.
Injury Resulting From Medication
Certain students are prescribed medication that they require during the school day. For instance when a student with diabetes is unable to administer insulin, and the nurse isn’t there, they could be in shock. It is then up on the school to make sure that students have access the medications they require.
Predictable Injuries
It is important to keep in mind that even though schools are accountable to ensure the safety of their students but they are only able to fix the issues they know about. If the school doesn’t anticipate any risk from the outside or other individuals. In this case they might not be able to stop the potential injuries that could occur.
Talk to an attorney
If your child was injured while at school, you could be eligible for an amount of financial compensation. Accident Attorney San Diego are here to assist. They would like to work with you in your claim and work with your insurance company to negotiate an appropriate settlement that meets your requirements.
