We hope that you never get that phone call – the one from your child’s school letting you know there’s been an accident. Perhaps your son falls and hurts himself while on the school playground. Or maybe your daughter hurts herself during gym class.
If your child gets hurt while at school, you’re going to want to hold someone responsible. And this makes sense. When our kids go off to school in the morning, we should expect them to be safe.
The thing is, accidents happen. No matter how careful a school may be, there are times when kids get hurt. Sometimes, these injuries are caused by accidents like the ones we talked about above. Other times, their injuries are the result of negligence on the part of teachers and staff.
The thing about using public schools is that they enjoy a certain amount of protection from the law. In order to have a claim against a public school in Nevada, you have to prove that the school was negligent. There are no such things as a strict liability when it comes to the public school system.
If your child or loved one gets hurt at school, you absolutely want to call a Las Vegas injury attorney. He can review your case and let you know what your rights are.
Can An Injury Attorney Prove Negligence?
Proving a case against a public school is no different from any other defendant. If you can prove negligence, then you may be able to recover damages from the school. A negligence case requires your attorney to prove four (4) things:
- The defendant owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by the school’s breach
When it comes to filing a suit against a public school, you have to follow the same rule for negligence.
Clearly, a school owes your child a duty of care. It’s the school’s job to make sure your child is kept safe. This includes activities that take place on the playground, in the cafeteria, and in class. The problem is proving that they breached this duty.
Proving breach can be difficult in a public-school lawsuit. You have to demonstrate that a teacher or other staff member didn’t behave the way they should have. You’ll have to show that whoever was in charge of caring for your child at the time of his injury dropped the ball.
When it comes to proving your child’s injuries, it should be pretty obvious. If your child sustains injuries, his medical records will show it. This is why it’s so important that your child seek medical treatment immediately following the incident.
The school should arrange for your child to be transported to the hospital. If they fail to do this, it could be negligence as well.
What Kind of Damages Can A Lawyer Claim?
If your son or daughter gets hurt at school, you’ll be entitled to certain damages. These damages will include the following:
- Medical bills
- Pain and suffering
Whatever medical bills you incur due to your child’s injuries should be covered. Your child may also be entitled to pain and suffering,
There are also damages that you, as a parent, can claim. If you have to miss time from work to take care of your child, you can be compensated for this. You can also demand compensation for any additional childcare expenses that result from your child’s injuries.
Keep in mind, when you sue the school, you’re basically using the township or county. They’ll have a team of lawyers at their disposal. They’ll fight any demand for damages. However, they also will be more inclined to settle. They don’t want the negative publicity associated with a lawsuit. Your attorney knows this and will take advantage of this if he can.
Call and Schedule Your Free Initial Consultation with a Las Vegas Injury Attorney Today
If your child has suffered an injury at school, you have a right to compensation on his behalf. Call and schedule your free initial consultation with an experienced Las Vegas injury attorney right away.
Your attorney can review your case and let you know what it may be worth. He can also let you know if you’ll encounter any special issues since the defendant is a public school. He’ll reach out to the school’s attorneys and try to negotiate a settlement of your claim.
The consultation is free and you pay nothing until you settle your case. Our injury attorney won’t be intimidated by the school. He’ll fight to get you the compensation and justice your family deserves.