We send our children to school every day with the promise that they will be safe. Unfortunately, accidents and injuries at school are common. There might be numerous reasons for an accident, but the school is often responsible in one way or another. As such, you should ask an attorney for help as soon as possible.
It is possible to sue your child’s school if your child was injured there, but doing so is often not a simple task. Public schools are considered governmental entities, and they may enjoy certain legal protections that make getting compensation harder. Common reasons for lawsuits against schools include sports-related accidents, violence from bullying, and even sexual abuse. Proving that the school and possibly others are liable for your child’s injuries requires proof of the injuries and the fact that the school was responsible for your child when the injuries happened. It is a good idea to get an experienced attorney to help you.
Receive a private, free case analysis from our Georgia personal injury attorneys by calling Rice Law at (470) 287-3070.
Suing Your Child’s School for Injuries
School is a major part of our children’s lives, and a school or school district may seem somewhat untouchable when it comes to responsibility for accidents. However, if your child is hurt at school, it may be possible to sue the school and possibly others for their damages, depending on the circumstances.
How our Georgia personal injury attorneys go about suing your child’s school may depend on whether the school is public or private. While we can sue a private school just like any other private person or entity, suing a public school may be more challenging. Since public schools are governmental entities, we might have to clear additional legal hurdles.
We must also determine exactly whom to hold responsible. To figure this out, we should review the specific details of how your child was injured. Was a teacher directly responsible? Maybe the accident happened because of negligent administrators. It is possible that the school and the entire school district may be included in the case. Your lawyer can help you answer these and other important legal questions.
Suing a Public or Private School in Georgia
Since a public school is a governmental entity and a private school is not, taking legal action against these institutions may look incredibly different.
Suing a Public School
One very important aspect of suing a public school for your child’s injuries is when to file the case. When suing a governmental entity, we must file a notice of your claim within 12 months of when your child was injured, according to O.C.G.A. § 50-21-26(a)(1).
When the notice is filed, the defendant may agree to pay your damages or deny the claim. We may move forward with a lawsuit if the defendant denies the claim or more than 90 days have passed with no answer regarding the notice of the claim.
Having only 12 months to file this notice is a very tight deadline, as many cases take months to prepare before anything is filed. As such, you must contact an attorney almost immediately after your child is injured at school.
Suing a Private School
Private schools are not considered governmental entities, and they are not protected from liability any more than any other private person, business, or organization. There is no requirement that we submit a notice of your claim to the school before we file the lawsuit. As such, the only deadline we must abide by is the ordinary statute of limitations.
According to O.C.G.A § 9-3-33, personal injury cases must be filed within 2 years of the accident at your child’s school. Remember, this applies only to personal injury claims. Different statutes of limitations may govern different kinds of claims, and you should ask an attorney for help.
Suing for Sports-Related Accidents
While injuries in sports are to be expected, school officials and coaches are responsible for making sure that players are reasonably safe. This means that a coach should not allow someone too small to play to be on the football team where they are likely to be injured. Similarly, students on the wrestling team should not be permitted to wrestle against an opponent outside their weight class for the same reason.
If your child was hurt because the school, their coach, and possibly other adults in charge made negligent decisions about safety, you should contact a lawyer for help right away.
Suing for Bullying Incidents
Unfortunately, bullying is a problem in schools all over the country. While many instances of bullying only amount to name-calling and teasing, some bullies take things way too far and become violent.
While people are quick to blame bullies for their behavior, they often overlook the school’s responsibility. Often, victims report bullies to teachers and administrators many times before anything is done. It is possible that your child’s school knew about the escalating bullying and failed to take action. Alternatively, the school might have taken steps to stop the bullying, but those steps were woefully inadequate.
In such cases, you may be able to hold your child’s school legally liable for their injuries from the bullying.
Suing Schools for Sexual Abuse
While it can be difficult to talk about, students are sometimes sexually abused by trusted adults at school. Teachers, coaches, administrators, and even other students might sexually assault or abuse a student, leading to physical injuries and lifelong psychological trauma.
If you have noticed significant behavioral changes in your child, or perhaps they are spending an unusual amount of time with an adult from their school, you might want to talk to them about possible abuse. If they are being abused, call the police and an attorney immediately.
Call Our Georgia Personal Injury Attorneys For Help Suing Your Child’s School for Injuries
Receive a private, free case analysis from our Albany, GA personal injury attorneys by calling Rice Law at (470) 287-3070.