School Accidents

School Accident Lawsuit in California

School is meant to be a safe space where children can learn, play, and grow. However, accidents and injuries in a school setting can disrupt this ideal, leaving families grappling with physical harm, emotional distress, and financial burdens. If your child has been injured at school in California, it's completely natural to feel overwhelmed and uncertain about what steps to take next. 

Suppose the injury occurred due to negligence by an individual or the school authorities. In that case, you have the right to file a claim, but doing so can be a complicated process. This may involve gathering evidence, navigating legal jargon, and understanding the statute of limitations—and doing it wrong could disqualify you from compensation.

At Injury Justice Law Firm, our attorneys have plenty of experience helping parents and students navigate the complexities of school accidents. We work to get you the full compensation allowed by law. Our team is dedicated to providing personalized legal support, ensuring that you understand your rights and options every step of the way.

When a child is injured in a school accident, our job as personal injury lawyers is to hold school administrators and teachers accountable for their negligent supervision and failure to protect a child from a preventable injury.

Every day, parents trust school staff to protect their children. Unfortunately, school employees don't always uphold their end of the bargain. Many students suffer personal injuries due to the negligence of teachers, school staff, and school district administrators.

Few parents take the steps necessary to file claims and receive compensation for damages incurred by their children. If your child experienced an injury at school, you may be able to sue the school district. Litigating against Los Angeles schools is no easy feat.

Remember, you're not alone in this. You'll need an attorney to help you navigate this complex process. We will be there to guide you through the steps to file a claim and receive compensation successfully, providing the support and guidance you need during this difficult time and ensuring you never feel alone in this process.

When Can You Sue a School in California 

California, like other states, protects schools from lawsuits through a legal principle called 'sovereign immunity. ' This means that citizens cannot sue the government and its entities without consent. In simpler terms, it's a legal doctrine that limits the ability to sue the government, including public schools, without their permission.

While parents of children in private schools don't have to worry about this, sovereign immunity can impact lawsuits against public schools.

The California Torts Claims Act provides the regulations for sovereign immunity. The CTCTA Article 2 states that individuals may sue public entities for civil liabilities under the following grounds:

• injuries caused by an act of omission of an independent contractor of the public entity;
• injuries caused by an act of omission of an employee;
• injuries caused by failure to discharge the mandatory duty to protect against the risk of a particular kind of injury;

California law requires schools to take reasonable steps to protect their students from injury. School districts can be liable for student injuries when employees fail to supervise them. If your child experienced a school accident, you must consult with a California personal injury attorney right away.

The California statute of limitations is a crucial factor. It requires accident victims to file personal injury claims against schools within six months, or they will deny the claim. This underscores the importance of acting swiftly if your child has experienced a school accident, highlighting the urgency of your situation.

Common California School Accidents

School environments are filled with potential hazards. Many of these risks can and should be mitigated with proper precautions, but unfortunately, negligence or oversight often plays a role in accidents. There is no shortage of school accidents that qualify for a personal injury claim. 

As long as you can show the school is liable for your child's injuries, you can sue a school district in Los Angeles. Here are some of the common reasons why parents sue schools for accidents:

• Bullying — failing to supervise students, leading to physical or emotional distress to a child. Sadly, bullying or peer conflicts can lead to injuries, both physical and emotional.
• School bus accidents — negligent driving that leads to an accident or physical injuries.
• Sports injuries — school-sponsored activities that lead to injuries that fall outside the normal assumption of risk.
• Slip and fall accidents — unsafe conditions that lead to physical injuries, such as a playground. Wet floors, uneven pavement, poorly maintained stairs, or debris left in hallways can lead to slip-and-fall injuries for students.
• Discrimination — failing to protect students from sexual, racial, religious, or disability discrimination.
• Sexual misconduct — negligence that leads to sexual harassment or abuse defined by Title IX.
• Food poisoning — providing students with unsafe cafeteria food that leads to illness.

Types of Injuries That May Occur 

When accidents happen, the resulting injuries can vary widely in severity and impact. Some children recover quickly, while others may experience long-term consequences. While the occasional scrape or cut won't typically result in financial loss or impact the child's education, more significant injuries can be life-altering, such as: 

• Broken Bones and Fractures: Slips, trips, falls, or collisions during sports may lead to broken bones, which often require extensive medical treatment and physical rehabilitation. 
• Concussions and Head Injuries: These are common in sports or playground accidents. Even seemingly minor head trauma can have serious implications, such as memory issues, headaches, or developmental concerns.
• Psychological or Emotional Trauma: Injuries aren't always physical. Children who face bullying, verbal abuse, or a traumatic incident at school may carry lasting emotional scars. Signs of anxiety, depression, or post-traumatic stress often warrant professional support. 

Holding Schools Liable 

When a child is injured at school, determining who is responsible—and holding them liable—can be complicated, largely depending on whether the school is a public or private institution. 

Private Schools 

Private schools operate under different legal frameworks compared to their public counterparts. If a child is injured due to negligence at a private school, the individual or school may be directly sued through a standard personal injury claim. Examples of negligence include failing to maintain safe premises or neglecting appropriate supervision. 

Public Schools

Public schools in California are contained within the government structure, which means they are protected by a legal principle called “sovereign immunity.” This means they cannot typically be sued in the same way as private schools. However, the California Tort Claims Act provides a pathway to file claims against public schools under strict conditions. 

Under this act, initial claims against a public school must be filed within six months of the injury occurring. Missing this crucial deadline can disqualify you from pursuing any further legal action in civil court. Filing a claim involves specific documentation and procedures, so consulting with a knowledgeable attorney can help ensure all requirements are met. 

How to Sue a School in Los Angeles

Although many parents have successfully sued school districts, you must follow procedures in your school accident lawsuit. Your first step is to contact our California accident lawyers. Our experienced attorneys can review the facts of the accident and determine whether you have a winnable case.

We can also identify compensatory damages related to the accident. In California, personal injury lawsuits can lead to compensation for victims. You can pursue compensatory damages to cover economic costs related to an accident, such as:

• medical bills,
• rehabilitation expenses,
• pain and suffering,
• emotional distress.

We will help you determine the damages before you file a claim. Once you have consulted with an attorney, you must file a claim with the school district. The claim typically includes details like the time, date, location, injuries, and accident circumstances. It's important to provide as much detail as possible to strengthen your case.

Personal injury claims also include a list of damages and the compensation requested. The school district will review the claim and either agree to pay the requested damages or reject the claim. If the school district rejects your claim, your attorney will facilitate filing a lawsuit and help you take the next steps.

What to Do If Your Child Is Injured at School

• Seek Immediate Medical Attention: Prioritize your child's health by providing or seeking medical care right away, even for seemingly minor injuries. This is especially important for impacts to the head, as these may be serious but won't always show symptoms right away.
• Document the Incident: Take photos of the injury, the site of the accident, and any conditions that may have contributed to it.
• Report the Injury to School Authorities: Notify the school administration and request an official incident report.
• Gather Witness Information: Collect names and contact details of teachers, staff, or students who may have witnessed the event.
• Consult a Legal Professional: If negligence is suspected, speak to an attorney to understand your options.

Every child deserves a safe and nurturing learning environment. When that safety is compromised, California families have the right to explore options for recovery and accountability. At Injury Justice Law Firm, our attorneys can help your family navigate even the most complex school injury cases to get you a fair settlement.

Personal Injury Lawyers for California School Accidents

For instance, we recently represented a family whose child was injured in a school bus accident due to negligent driving. We successfully secured compensation to cover their medical bills and emotional distress. Did your child sustain an injury in a school accident due to negligent supervision?

Our personal injury lawyers provide representation for children and families who experience injuries at schools by holding those who are responsible accountable.

Many children in Los Angeles suffer from avoidable injuries due to the negligence of school districts and their staff. Unfortunately, families do not always get the compensation or justice they desire. Pursuing litigation against a school has numerous barriers. You must use experienced accident lawyers to ensure you get what you deserve.

We work on contingency fees, which means you pay nothing to prepare and present your claim unless you make a financial recovery. If there is no recovery, we don't earn a fee.

Injury Justice Law Firm is a top-rated personal injury law firm serving clients throughout Southern California, including Los Angeles County and surrounding areas. We aggressively pursue compensation in school accident cases and consult with our clients with no upfront costs.  Contact us for a free case review.