All the time, injuries happen and especially for children. While kids are prone to scrapes and bruises, serious injuries may occur during school. If your child has been injured at school, you could be eligible for some financial compensation. 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 may file Personal Injury Lawsuits?
Before we can learn more about children’s personal injury suits we must determine whether children are eligible to participate in personal injury lawsuits. Under the law, only children under 18 can be eligible for an amount of money in the event of personal injury.
The minor, however, cannot sue by themselves. The parent or legal guardian must bring the suit and the child may file two lawsuits at once. One suit compensates the legal guardian or parent while the other case handles payment of compensation to 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.
Damages can cover loss of income and any health costs caused by the injuries. The majority of compensation is paid to the legal guardian or parent since they are the ones responsible for the care and protection of the child.
Is the School Held to Accountability?
There are some concerns about whether schools can be held accountable for any injuries in the school’s premises. However, it’s a school’s obligation to provide students the security they need to complete their education.
Schools have a responsibility to avoid injuries due to slippery floors unsafe surfaces, unsanitary conditions or even other students. Because schools are in the parent’s place (also known as”in loco parentis), they are responsible for ensuring the safety of every child.
But, schools aren’t accountable for injuries that occur on their property after hours or during games. They are not responsible for supervision of children during operating hours, and student-athletes assume the risk of any injuries that may occur during playtime.
What Types Of Injuries Can Occur?
Injuries Due To Other Children
If your child is injured by an other child, the responsibility isn’t always the responsibility of one child. Schools have to prevent bullying, and teachers must properly supervise any instances that could become dangerous.
Accidents on Buses
Accidents can take place between cars and buses too. If you are able to pursue a personal injury claim against the offending driver but the school district may also be liable for the bus driver’s actions or lack of.
Injury Resulting From School Equipment
Sometimes, children may be injured in sports or other school equipment. Injuries caused by unsafe equipment (like balance beams or playgrounds) or the lack of supervision could be used as evidence in court for personal injury.
Accidents Resulting From Premises Liability
Schools also have a duty to ensure that the playgrounds are secure. Unmarked wet areas can result in slip-and-fall accidents, while faulty handrails could make children fall off staircase. Schools should ensure that their students’ security all the time.
Injuries Due To Medication
There are students who have medication they need during the day. For instance, if a diabetic student can’t take insulin and the nurse is not around, they may go into shock. The legal obligation then falls to the school to ensure that students are able to access the medication they need.
Predictable Injuries
It’s important to remember that while schools are responsible for ensuring their student’s safety but they are only able to fix the issues they know about. In the event that the school cannot see any dangers in the surroundings or other people. If that is the case, they may not be able stop the possible injuries that may occur.
Speak To An Attorney
If your child has been injured while at school, you might be eligible for an amount of financial compensation. Accident Attorney San Diego are here to help. They want to partner with you on your claim and work with the insurance company in order to obtain a settlement to meet your requirements.