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Yes, you may be able to sue if your child was injured at school or on school property, but whether or not that is possible will depend on the details of the events that led to your child’s injuries.
Schools across the country, including those in Florida, have a legal responsibility to keep their students reasonably safe. When they are unable to do so, they may be held liable. When you are dealing with a public school, things can get complicated simply because they are considered a government entity.
Government entities, such as public schools, have special rules and caps on claims in Florida. So, an injury that occurred at a public school can be more complicated than a typical personal injury case, which is why help from a Fort Myers child injury lawyer can be critical.
What Compensation Can I Recover?
The compensation you may be able to receive after you sue if your child was injured at school or on school property can include costs for medical expenses, emotional or mental pain or distress, and long-term care costs.
Keep in mind that with public schools, there are compensation caps of $200,000 per person and $300,000 per incident under Florida Statutes Chapter 768, Section 28.
Get Paid for Medical Expenses
Medical expenses can include ambulance costs, ER or doctor visits, follow-up appointments, surgery costs, or medication costs. Even a simple ambulance trip can cost thousands, and the school may be liable to pay for that if your child is injured.
Money for Physical Pain
Physical pain can take a toll on children even more than adults. And depending on the circumstances of the injury involved, a child may have to face things like mobility issues, chronic pain, discomfort, and physical limitations.
Funds for Emotional Distress
Injuries can have a mental health impact, along with the obvious physical symptoms that most people may focus on. A traumatic injury at school can lead to anxiety, fear, depression, and even, in some serious cases, post-traumatic stress disorder (PTSD).
Compensation for Long-Term Care Expenses
In some cases, you and your child may have to deal with long-term medical care (either for physical health or mental health-related causes). Things like rehab visits, therapy sessions, additional surgeries or treatments, and any other care may be covered costs.
An experienced child injury attorney can help you figure out total damages, talk to insurance companies, and ultimately help you get compensated.
Expect More, Receive More: Legal Support That Feels Like Family
When Can You Sue a School for Your Child’s Injury?
In most cases, you can sue a school for your child’s injury when there is negligence involved. This usually falls into a few categories: lack of supervision, unsafe conditions, and failure to prevent predictable harm.
- Lack of supervision: School staff are responsible for monitoring students and ensuring they stay safe. The school may be liable if the staff failed to properly supervise children.
- Unsafe conditions: Failing to prevent predictable harm by having hazardous conditions includes things like broken or run-down equipment; poor lighting; unsafe playgrounds, sidewalks, or paths; and even wet floors without proper signage.
Keep in mind that in Florida, there is generally a two-year statute of limitations from the date of the incident; however, if your child is under the age of majority, that time period may be tolled, or paused, for up to seven years.
Understanding the personal injury statute of limitations in Florida can help ensure your claim is filed on time.
Public vs. Private Schools in Florida: What’s the Difference?
The main difference in litigation between a private school and a public school is that a public school will have more protections in place, which means a more complicated legal process.
This is another reason a child injury law firm can be helpful.
Suing a Public School
In Florida, public schools are governed by sovereign immunity laws, which require pre-suit notice and limit the amount of compensation you can recover. This means that even before a lawsuit can proceed, the claim must be presented to the appropriate agency and the Florida Department of Financial Services.
This is why getting help from a lawyer can be so valuable in a public school case and, in many circumstances, a private school case, as well.
Suing a Private School
Private school cases are treated similarly to personal injury cases, but because there can be more moving parts than a standard injury case (more people involved, potentially multiple individuals involved with responsibility), proving liability can be more complicated.
Click To ContactCommon Causes of School Injury Lawsuits
Many situations could lead to injuries at school, and it’s not uncommon. However, when negligence is involved, parents like you may have the right to file an injury claim.
Here are some common causes of school injuries that may mean you have a valid claim:
- Unsafe playground equipment
- Lack of supervision
- If your child was injured in a motor vehicle accident (like a school bus accident)
- Bullying or assault from other students
- Hazardous property conditions
Each of these situations may involve different legal considerations, but all can form the basis of a school injury lawsuit if negligence is involved. If you are unsure whether you have a claim, speak to a personal injury lawyer; they can quickly assess its potential validity and next steps.
Do You Need a Lawyer for a School Injury Case?
When you’re considering suing a school for your child’s injury, specifically a public school, you’ll likely be facing a complicated legal process, strict deadlines, and unique requirements. While you don’t need a lawyer, having one can be incredibly helpful and can prevent you from making a huge mistake with your claim.
An experienced child injury lawyer can help you with filing notices correctly to ensure that you comply with Florida’s legal requirements. They can help you meet deadlines, collect evidence, and overall increase your chances of having a winning claim.
Facing a child injury case doesn’t have to be stressful when working with a law team like Viles & Beckman. When working with us, no case is too small, and we treat every case with care. Schedule a free consultation today.
