No matter what type of school you choose for your child, you trust that the environment they are in is safe and nurturing. Unfortunately, life is full of circumstances that can cause physical and emotional injury. So, if your child was injured during the school day, either from an accident or a physical altercation, can you file a lawsuit against the school?
Yes, some cases of injury via neglect or abuse can serve as grounds for a school injury lawsuit. Parents can also sue for assault and battery in schools, meaning the child is physically or sexually assaulted by another student, staff member, visitor, etc. on school property or during a school function. The key is to prove that school administrators and/or staff failed to take reasonable measures that would have prevented an incident of harm.
Alternatively, the school failed to take appropriate action when they were notified of abuse or neglect. For example, assault and battery in schools must be addressed immediately by school officials, which include punitive measures against the offender and protection for the victim or victims.
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Causes of Injury at a School
To some degree, being injured at school in unavoidable, but schools have a duty to minimize the possibility of incidents where a child is injured. Bodily harm to students can happen from many different incidents at a school, such as:
- Slip and falls / trip and falls
- Falling objects
- Exposure to toxic chemicals
- Electrical wiring or plumbing issues
- PE accidents – lack of supervision during gym class, defective equipment, etc.
- Assault and battery
- Sexual abuse by school staff or other students
- Bullying and hazing
- Car / bus accidents
Because of these and other accidents, kids can end up being seriously injured from head trauma, broken bones, permanent nerve damage, deep cuts and infections, dislocated joints, and more. A personal injury lawyer can help you determine your eligibility for a legal case and represent you in a liability claim against the school district or school board.
When Can a Charter School be Sued for Student Injuries?
Many parents are concerned that charter schools are exempt from many of the laws that apply to a public school. However, all educational institutions owe students a duty of care, so it is absolutely possible to sue a charter school for neglect or abuse. To figure out if you have grounds for a lawsuit, make sure to consult a charter school campus accident lawyer right away.
To succeed in a claim for compensation against the school, you must substantiate your allegations of negligence or abuse via one or more of the following:
- The school administrators were aware of should have known about a hazardous condition on the property, which they failed to take care of. Or, there were complaints about an abusive student or employee that the school ignored or failed to properly resolve.
- The school did not notify the parents and/or contact the authorities after hearing about or seeing the signs of child abuse or neglect.
- The school tried to cover up the incident by acts like coercing or blackmailing the victim, destroying evidence, or letting the perpetrator (a teacher, for example) resign and recommend them for a job elsewhere.
Important Considerations for Parents and Victimized Students
Lawsuits against schools work very differently than most personal injury claims. For one thing, schools are public entities, so the legal process involves regulations for government tort claims. This is a complex area of law that can be overwhelming for the accident injury victim. Another critical issue has to do with the statute of limitations for a government liability claim. In most cases, you have only 6 months from the date of the accident or assault to submit a claim for damages. A lawsuit may follow depending on the school’s willingness to accept liability and make you a fair settlement offer.
In the case of school sexual abuse, however, the deadline for a lawsuit is much longer. Under California’s Assembly Bill 218, victims can file a lawsuit for childhood sexual assault and abuse up until:
- Their 40th birthday
- 5 years from the delayed discovery of physical / emotional damages resulting from sexual abuse.
How a Lawyer for Neglect by Charter Schools can Help
Legal counsel is crucial for anyone with a child that suffered physical or emotional harm due to negligent or abusive circumstances at a charter school. Our attorneys have decades of experience with lawsuits against non-traditional institutions of learning, such as charter schools. The legal team of Normandie Law Firm is here to provide answers to all your questions, including:
- How long do I have to file a claim for injuries to a student at a charter school?
- What is the average case value for a school neglect accident case? How much can I expect to receive from a lawsuit for school violence?
- How long does it take to settle these cases?
With many years of experience in the fight against schools that fail to protect their students, we are more than ready to hear your story and walk you through the legal process one step at a time. You can expect our lawyers to treat you with compassion and empathy, while taking aggressive action against the school system that betrayed your trust.
Contact Normandie Law Firm
Those who are impacted by school violence, accidents on campus, and other events resulting in bodily harm need effective representation from a school negligence lawsuit attorney. Whether you were injured at a charter school, private school, or college campus, you will find a lawyer who can fight for you here at Normandie Law Firm.
When you hire us, we do not ask for any upfront payments. Instead of asking you for a retainer, we have a system known as the Zero Fee Guarantee. You pay $0 for the entire duration of your case, and once your settlement is released by the other party, we deduct a percentage to cover our costs. If we do not succeed in brining your compensation, you pay $0 and we eat the costs of representing you.
Let the charter school neglect and abuse lawyers of Normandie guide you through the legal system and obtain the settlement you deserve. Please reach out to us at your earliest convenience and schedule a private consultation, completely free of charge.
Other Pages on Our Website Related to This Topic
Is a School Responsible for Assault and Battery on School Property
Can a School be Sued for Injuries During a Field Trip
Injury At A High School Sports Event Lawsuit Attorney
