Do I Need a Personal Injury Lawyer if My Child was Hurt at School?

Young children enjoy playing on the school grounds. It is definitely something they look forward to while interacting with peers and participate in games. It might not always be pleasant. There will be instances when your kid will come home scared or injured.

What are your options? It might be confusing especially if you have a younger one who can't completely express things. You may also not know the offender, or not get much help from the reluctant school authorities. You have every right to consult with a personal injury lawyer and get to the bottom of it.

Liability

Trying to point the blame arbitrarily based on hearsay is really not the right way to proceed. It would be wise to reveal your fear along with the circumstantial evidence to the personal injury attorney that you are consulting. The concerned legal professional will try to gauge the case carefully and assess whether the act of violence had been one of negligence or whether it was intentional. Some of the most common reasons for harming a child may be attributed to:

• Bullying by a bigger and stronger student of the school. A young child simply cannot be blamed for the incident in a court of law. However, his parents can be held liable for injuring your child in most cases.

• It is also the responsibility of the school authorities to maintain discipline and prevent any sort of violence on the school premises. The staff of the school may have to face the consequences if their involvement in the incident can be proved by the personal injury lawyers.

• Sadly, there are adults who choose to harm a child voluntarily. The law is quite strict with the offender if such a matter comes to light. Your lawyer would be quite right to press criminal charges against the accused as well as sue the school for failing to do a thorough background check before hiring him/her.

The case against the school is likely to come up in the civil court for failing to have the children adequately supervised and not taking any sort of action against the said member of the staff for hurting a child.

Proving Liability

A qualified attorney at law can help you uncover the evidence and provide you with justice after the matter is brought to light. Your lawyer, however, must be able to prove that the incident could have been avoided. The case is likely to go in your favor if the following criteria can be shown:

• The offending party or defendant had been in control of the school premises at the time of the occurrence.

• The injured party, i.e., your kid had been expected to be on the premises when the incident took place.

• The teacher in charge at the moment must have the act of negligence proved conclusively as well. Any sort of deviation from the accepted norms of care is believed to be a rash and negligent act.
  

The courts will not entertain your case against the school or its staff when:

• Your child is injured during a sporting activity. The students are apprised of the risks and usually participate in a sports event after accepting the fact.

• The case is likely to become null & void if your kid had sustained injuries on the school premises after normal school hours or on a holiday.
  

If your child was injured at the school premises, you should find out all the facts. More than the physical trauma, sometimes the mental stress can affect them while they are growing up. Talk to an expert personal injury lawyer at 844-777-2529 for a free consultation today.