What to Do Before You Sue a School for Your Child’s Injury
When your child gets injured at school, you might wonder if you can sue the school district for liability in the injury. A reasonable expectation of safety exists for a child going to school, and when they get injured, you might be able to receive financial damages to help cover the cost of any medical or dental injuries that the child has sustained.
However, suing your child’s school or the school district is not as easy as it sounds due to strict regulations and restrictions in Iowa. Here’s what you need to do before attempting to sue your child’s school in the event of an injury.
Get Medical Treatment
The first thing you need to do before even hiring a lawyer and filing a lawsuit is to get your child medical treatment. During this time, your doctor will make detailed notes in your child’s file on how the injury occurred, what the injury is, how it affects your child’s ability to learn and function, and what treatment is being given.
Once treatment is complete, your doctor will give you all your medical bills and medical reports that you can use for your filing.
Find Out About School District Immunity
Your school district might have school district immunity. This means that the state of Iowa has created certain rules and restrictions regarding how a government entity — such as a school district — is able to be sued. This will greatly depend on how your child was injured in order for you to be able to take legal action against the school district itself.
For example, does the school district know if maintenance issues exist at your child’s school and has not done anything to correct them? You could sue them for negligence in this matter if your child was hurt.
Find Out What the School Is Liable For
When your child is injured at school, you need to be able to prove negligence on the part of the school itself in order to file a lawsuit against them. A certain expectation of care and due diligence on the part of teachers and support staff exists to help prevent children from receiving injuries while in their care.
The school may be liable for your child’s injury if they were injured falling from playground equipment that was faulty and not well-cared for. If the school is not clean and tidy, if the child has slipped and fallen due to water on the floor, or if they tripped over an object left in the hallways, this is potential for a lawsuit.
The school may also be liable for damages occurring if your child was bullied while on school grounds. The school has a legal duty to prevent and intervene when they have student-on-student violence. This responsibility begins the moment the child get onto a school bus and ends when the child leaves the school at the end of the day.
The compensation your child can receive due to damages from bullying can include medical or dental bills or any therapy sessions. The compensation may also include any lost wages for either the parent or if the child is a teenager and has a job, as well as any medications, crutches, as well as pain and suffering.
Discover If a Child Is Hurt Coming to or Leaving School
If your child was injured while coming to school or going home at the end of the day, school districts have a responsibility to protect those children, especially if they take any school-offered transportation such as a school bus. If the child is injured because of faulty brakes, an accident, or any other type of injury occurring while on the bus, the school district is likely liable.
If your child received an injury at school due to negligence or school bullying, contact Galligan Law for a consultation today.