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Understanding Some Facts About Suing A School For A Personal Injury

If your child has recently been injured at school, then you may be concerned about your out-of-pocket costs associated with the injury. This is a serious concern that may require the assistance of a lawyer. Before contacting a law firm, keep reading to learn about some basic facts that you should know about first.

You May Not Be Able To Sue

Schools are generally protected from lawsuits under something called sovereign immunity. Sovereign immunity is the same legal doctrine that protects governments, state institutions, and federal entities from legal action. However, state and federal entities can be sued if they allow a lawsuit to go through. Basically, a school can allow themselves to be sued if they feel as though there is legal basis for a lawsuit. Generally, this decision is made by the state where you live. 

Before a lawsuit is allowed, you will most likely need to take some measures to remedy the situation outside of court. For example, you may need to file a report with the local school board first. You then may need to make a complaint with the state school board. You can even send a complaint to the governor, since he or she will oversee the education system in your state.

State education entities and school boards will typically investigate issues and try to remedy the situation. For example, if a teacher was not watching the class properly when your child was injured, then the teacher may be fired or asked to take a leave of absence. If bullying caused the injury, then policies may be put into place to identify and reduce bullying concerns. 

If remedies are taken, but you feel as though the school has not taken enough action, then you can sue the school. This may be necessary if monetary compensation is not offered or if you feel like actions did not directly resolve the problem or the cause of the injury.

You Will Need To File Quickly

If measures did not resolve the injury issue, then you will need to sue the school relatively quickly. You will also need to do this is you feel like gross negligence has taken place. For example, premises liability is a type of gross negligence that is likely to happen at a school. This negligence happens when there is a defect on the premises of the school. For example, if a swing is broken on the playground, the school fails to fix it, and your child becomes injured by the swing, then this is a form of premises liability. Gross negligence may also occur when a teacher fails to supervise students properly and an injury occurs. 

Schools will typically waive sovereign immunity if gross negligence takes place. This is sometimes true even if you do not work with the school to resolve the injury issue. However, you will need to notify the school of your intention to sue first. Your lawyer can draft legal paperwork for the notification. This notification, as well as the paperwork to file the actual lawsuit, must be filed in a timely manner. Specifically, the statute of limitations to sue a school is generally quite short. For example, a typical personal injury case must be filed within two years if you live in California. However, you will need to file the lawsuit within six months if you are suing a public entity like a school. 

While your lawsuit must be filed quickly, it can take a long time for the lawsuit to make it to court. This is not uncommon when it comes to personal injury lawsuits, but it can take a lot longer when you sue a school. You should be prepared for this. Also, the timeframe for the lawsuit to resolve itself should be considered if a settlement is offered. A settlement may be the best option, instead of waiting for years for a court date. 

For more information and advice, contact a local law firm.