If your child was seriously injured at school in California, it is important to take the right steps to ensure his or her well-being and protect your family’s legal rights. While not all school injuries give parents the right to take legal action, incidents involving negligence or the failure to ensure student safety could lead to a Los Angeles personal injury claim.
Take Your Child to See a Doctor
Your child’s health and safety always come first. Assess the severity of your child’s injury and seek immediate medical attention if it is an emergency. While the school may have provided first aid, it is important to get a second opinion from a doctor, especially for more serious injuries.
Bring your child to a hospital in an emergency or his or her normal pediatrician in a nonemergency. Explain to the doctor what happened and follow his or her advice for treatments moving forward.
Ask Questions and Gather Information
Talk to staff members at the school to get a detailed account of what happened. Ask for a school investigation and a written report of the incident. If any students or teachers witnessed the event, talk to them and obtain statements. Ask your child what happened and compare the stories. If there are discrepancies in the school’s version of events, make note of them.
Do your best to gather information about the incident. This includes copies of accident reports and medical records, as well as photographs of your child’s injury. If possible, visit the school and take pictures of the location where the accident occurred. If your child was injured in a playground accident, for example, take photos of any unsafe equipment.
Keep Copies of All Related Bills and Expenses
While your child heals from a school-related injury, collect copies of all accident-related bills and expenses to prove your losses. If you file an insurance claim, the company will request these documents as evidence before offering a settlement. Keep evidence such as hospital bills and paystubs proving your lost wages if you had to take time off work.
File a Claim Against the School or Responsible Party
In California, schools have a legal responsibility to ensure the reasonable safety of their students. They must maintain safe and secure premises that are free from hazards, injury risks, dangerous conditions, property defects, and bullying. If a school or one of its staff members failed to protect your child from injury, your family may have grounds for a Los Angeles premises liability case against the educational institution.
If your child was injured at a private school in Los Angeles, the school itself could be named as a defendant in your personal injury case. If the accident occurred at a public school, however, you would need to bring your claim against the school district, such as the Los Angeles Unified School District. This is a claim against the government that will involve unique rules and regulations under the California Tort Claims Act.
Contact a Child Injury Lawyer
It is possible to hold a school or school district legally and financially responsible for a student injury in California in some circumstances. However, these cases can be complicated. A school will have significant resources to refute liability for your child’s injuries. The best way to preserve your child’s legal rights is by contacting an attorney for assistance and representation.