If your child sustained injuries on school property, they could require costly medical care or physical therapy during their recovery. Your child could be entitled to a monetary award if the school’s negligence played a part in their injury. With the help of a Miami school injury lawyer, fair compensation could become a reality.
Our Team Is Ready to Take on Your Miami School Injury Case for You
Pursuing civil action against a school can be an intimidating concept. School districts have insurance companies and lawyers on their side, and they will actively seek to dissuade you from pursuing legal action.
Our firm could secure fair compensation following your child’s school injury. This could involve responding to low settlement offers and gathering evidence, among other actions.
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Near Me (305) 944-2035
School Injuries Can Happen in Many Ways
There are countless ways your child could suffer an injury or illness in a school setting. These injuries could happen during normal school hours or later in the day during extracurricular activities. When negligence is responsible for your child’s injury, you could pursue a civil lawsuit on their behalf.
WPLG and WTVJ reporting affirms that injuries often occur at the hands of other students. These injuries could involve an accident, or they could be the result of an intentional act. If the school failed to take reasonable steps to prevent an injury, they could be responsible even if another student caused the injury.
Injuries could also occur at the hands of teachers or other staff members. This could involve intentional acts like a criminal assault or pure negligence, like when a student suffers food poisoning due to carelessness in the cafeteria.
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The School Could Be Liable for Your Child’s Injuries
Not every injury in a school setting will result in a viable claim for compensation. Students injured due to their own carelessness lack the grounds to make a viable case for compensation. Negligence must be involved in a school injury before you can seek compensation for your child’s injuries.
One of the key aspects of negligence is the duty of care. If a defendant does not owe the plaintiff a duty of care, they cannot face liability for any injuries they cause. In these cases, there is little doubt the school must keep your child safe.
If they fail to protect your child or do not uphold their own safety guidelines, though, the school could face liability for the injuries that occur on campus. Negligence could take different forms in a school injury case.
Failure to Maintain Equipment
One of the school’s duties is to prevent students’ exposure to dangerous equipment or structures. This means repairing broken banisters, ensuring schools have proper lighting, and replacing damaged playground equipment.
A school that fails to maintain the premises in safe, working order could be on the hook for injuries or illnesses that occur as a result.
A central role of a school is to supervise the children in their care. When teachers or faculty fail to carefully monitor children during recess or at other times when risks of injury are present, their failure to supervise could lead to a negligence claim.
Negligent Hiring Practices
Schools also must carefully evaluate the people they hire. Likewise, a school must take care to properly train anyone they hire. Negligent hiring or training could result in serious injuries or illnesses.
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There Are Challenges with Pursuing Compensation for Sports-Related Injuries
Certain unique factors apply to sports injuries that occur on school grounds. While the rules of negligence still apply, the courts have found that parents that allow their children to participate in sports have accepted some degree of risk when it comes to injury. Schools typically require parents to sign injury waivers before their child can play sports at school.
That does not mean it is impossible to pursue a negligence case following a sports injury on campus. If the school failed to take reasonable steps to prevent avoidable injuries, they could be liable for damages. This could involve a school failing to maintain the equipment needed during a sporting event, resulting in injury.
For a free legal consultation with a Chalik & Chalik lawyer serving Miami, call (305) 944-2035
Different Types of Damages Could Be Available to Your Child
Various types of compensation could be appropriate in your child’s school injury case. The extent and duration of your child’s injury will determine how much compensation is appropriate. It can be difficult to estimate the potential value of these cases on your own. However, your attorney could help you evaluate the strengths and weaknesses of your child’s injury case.
Medical expenses are often one of the most important aspects of a school injury case. The cost of medical care could quickly overwhelm your family, making it important that you recoup these expenses.
If your child suffered debilitating injuries that will follow them for the rest of their life, they could struggle to support themselves financially. They could have the right to seek compensation for any diminished future earnings their injury caused.
Pain and Suffering
The injuries your child has suffered could result in severe pain. While the pain resulting from injuries could be temporary, certain injuries can lead to a lifetime of chronic pain. There could be financial compensation available based on the extent of this pain.
Suffering a personal injury can be traumatic on an emotional level. Your child could struggle with reliving the injury even after they have physically healed. The emotional strain that comes with reliving a serious injury is known as mental anguish. Compensation could be available through mental anguish.
Your Child’s Injury Could Result in Financial Compensation
If your child was hurt at school, you could have the right to pursue legal action against the negligent party. This is true even if it was the school itself that was responsible for the injury. Pursuing these cases on your own can be difficult, but our firm is ready to help you move forward with your child’s lawsuit.
Chalik & Chalik Injury Lawyers is prepared to advocate for injured children and their parents in Miami following injuries at school. Our team can secure the compensation your family needs. For a free consultation with our team, call (305) 944-2035 today.
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