School Injury Lawyer

Schools are responsible for providing a safe learning environment for students. Unfortunately, this isn't always the case, and accidents that occur in and around school grounds can have serious consequences for the victims. If your child has been injured at school due to negligence or misconduct on the part of staff or other students, you may be entitled to compensation. A school injury lawyer can help you understand your rights and options and work to get you the compensation you deserve. Contact us today for a FREE consultation.

What Is a School Injury Lawyer?

School injury lawyers specialize in cases involving negligence on the part of school staff or students, resulting in personal injury to students. But what exactly do they do?

Legal Advice

School injury lawyers advise their clients regarding their rights and options. They explain the legal process, the potential outcomes, and whether pursuing a case is in the client's best interest.

Investigation

If the lawyer takes on the case, they conduct a thorough investigation. This may involve gathering evidence, interviewing witnesses, examining school policies, and assessing the injury's circumstances.

Establishing Liability

To build a case, the lawyer works to establish liability. This may involve proving that the school, its employees, or other parties were negligent in providing a safe environment for students.

Negotiation

Many school injury cases are settled out of court. Lawyers negotiate with the school district, its insurers, or responsible parties to reach a fair settlement that compensates the injured party for their damages.

Litigation

In cases where a settlement cannot be reached or is not in the client's best interest, the lawyer may proceed to file a lawsuit and represent the client in court. This involves presenting the case, cross-examining witnesses, and advocating for the client's rights.

Damages and Compensation

Attorneys work to secure compensation for their clients. This may include damages for medical expenses, pain and suffering, emotional distress, disability, and other related losses.

Advocacy

School injury lawyers are strong advocates for their clients. They ensure that the injured party's voice is heard and that they receive fair treatment in and out of the courtroom.

If your child was injured due to the school's negligence, contact a personal injury lawyer from The Law Offices of John M. McCabe. We offer a free consultation and will help you hold responsible parties accountable.

Can Schools Be Sued for Negligence?

Since public schools are protected by sovereign immunity, a school may be immune from a lawsuit. However, North Carolina has passed some legislation allowing legal action to be pursued in certain circumstances.

Proving Negligence

Under the North Carolina Tort Claims Act, the state will waive its sovereign immunity if negligence can be proven. Schools and their employees in North Carolina have a duty of care to their students to provide for their general well-being. If this duty of care was breached due to the school's negligence and caused your child injury, this may be grounds to pursue legal action. To prove negligence, it's crucial to keep documentation of the incident. This may include your child's medical records, photos of where the incident took place, any communication with the school, and witness testimonies.

Private Schools

Similarly to public schools, private schools also have a duty of care to their students. However, since private schools are not a public entity, it may be easier to file a lawsuit. To prove negligence, it's crucial to keep documentation of the incident. This may include your child's medical records, photos of where the incident took place, any communication with the school, and witness testimonies.

Common Causes of School Injuries

Schools are meant to be safe student environments, but accidents and injuries can happen. Understanding the common causes of school injuries is essential to address and prevent these incidents. Some typical factors leading to school-related injuries include:

• Slip and Falls: Slippery floors, cluttered hallways, or inadequate maintenance can result in students slipping and falling. This type of accident can lead to various injuries, from minor bruises to serious fractures or head injuries.
• Playground Accidents: Playgrounds are a common location for childhood injuries. Issues like poorly maintained equipment, lack of supervision, or unsafe design can contribute to accidents on the playground.
• Sports Injuries: Many students participate in school sports, which can lead to injuries. Lack of proper coaching, inadequate safety equipment, or pushing students too hard can result in sprains, fractures, and more.
• Bullying and Assault: Physical altercations among students can occur, leading to injuries. Schools should prevent bullying and create a safe atmosphere to minimize these incidents.
• Transportation Accidents: Inadequate supervision on school buses or in the school parking lot can lead to accidents. These accidents can range from minor incidents to more severe collisions.
• Negligent Staff: In some cases, staff negligence, such as a failure to supervise students, can contribute to accidents and injuries.
• Defective Products: Faulty equipment or materials used in school activities can pose a risk to students. This can include defective classroom furniture, hazardous art supplies, or outdated science lab equipment.
• School Building Hazards: Poorly maintained or inadequately designed school buildings can harbor various safety hazards, including falling objects, slippery floors, or malfunctioning elevators and escalators.

It's important to remember that if your child is injured at school, a child injury lawyer can help you pursue compensation. Understanding the common causes of school injuries and seeking legal advice when needed is crucial to protect your child's rights and well-being. The Law Offices of John M. McCabe can help you navigate the legal process when your child experiences injuries at school.

Contact The Law Offices of John M. McCabe

With over 25 years of experience, attorney John M. McCabe can help you and your child seek justice for any school injuries that they have sustained. Our firm can provide the knowledgeable legal advice necessary to ensure that your case is handled properly. Contact The Law Offices of John M. McCabe today to schedule a free consultation.

School Injury Attorney FAQs

What should I do if my child is injured at school?

If your child is injured at school, the first step is to seek immediate medical attention. Documenting the incident by taking photos, gathering witness information, and notifying school authorities is also essential. Contact a school injury lawyer to assess your case and determine if you have grounds for a legal claim.

What damages can be pursued in a school injury case?

Damages that can be pursued in a school injury case may include medical expenses, pain and suffering, emotional distress, rehabilitation costs, and more, depending on the circumstances of the injury. Contact a school or daycare injury lawyer for help with your specific case.

What if my child was injured during a school-sponsored activity or field trip?

Injuries during school-sponsored activities or field trips can raise complex legal questions. The school may still have a duty of care, but the circumstances can be different. Consult with a school injury lawyer to assess the specific situation and determine your legal options.

How can a school injury lawyer help in pursuing a claim?

A school injury lawyer can provide legal guidance, investigate the incident, gather evidence, and assess the strength of your claim. They can negotiate with the school or other responsible parties and represent your interests in legal proceedings if necessary.