Maison Law represents the families of children who have been injured at school in California. At Maison Law, we understand that as a parent, you will do everything to protect your child from harm. So, how can you protect them after they have been injured in a school accident?
One of the best things you can do if your child has been injured at school is to consult with one of our Personal Injury Attorneys to better understand your legal options. Our firm has years of experience helping families receive justice after their child has been harmed due to the carelessness of a California school.
Contact Maison Law today for a free, no-obligation consultation.
How Maison Law Helps Children Injured at School in California
When you send your child off to school, you’re trusting their well-being with teachers, school staff, and administrators almost every day. So, when your child gets injured at or during a school event, you will understandably want answers. At Maison Law, we want answers too, and we will take the necessary legal steps to get them for you.
If an act of carelessness or a hazardous condition caused your child to get injured at school, then we will take legal action to ensure your child receives financial compensation for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, if you’ve had to take time off work due to your child’s injuries
- Cost of making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper if necessary
- Property damage
- Pain and suffering caused by the accident
- Stress and anxiety due to the nature of the accident
- Your family and your child’s mental state after a life-changing accident
Who Can File a Claim for Children Injured at California Schools?
The potential for serious injury, trauma, and life-altering accidents is much higher for children than for adults. Also, children are far more susceptible to serious and long-term injuries as their bodies are not as fully developed. For these reasons, it is critical to receive fair compensation for a child if they suffer injuries at school. At Maison Law, we can help you take the first steps by filing a lawsuit on your child’s behalf. But when a minor is involved, a common question is who can file a claim?
In California, a minor is considered anyone under the age of 18. Minors are not allowed to file a personal injury lawsuit. However, they are still entitled to financial compensation for damages when caused by a school, or another party.
In order for a minor to recover compensation, an adult or legal guardian must file the lawsuit on their behalf. The adult, not the child, will have to show how the other party was responsible for their child’s injuries. However, if the adult does not want to file a lawsuit, then they can wait until their child is 18. This is covered under California’s Statute of Limitations Law.
Statute of Limitations for Children Injured at California Schools
A child’s injury case falls under personal injury law. So, much like all personal injury cases, the victim of the injury has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, if the victim was a minor, the statute of limitations will be withheld until the minor turns 18. Once the child turns 18, the two-year statute of limitations will start.
Child Personal Injury Claim v. Adult Personal Injury Claim
When a child is injured in a, they reserve the same right to compensation as an adult. However, there are key differences between personal injury claims for adults and those for children:
- Minors (individuals under 18 years of age) cannot file their own personal injury claim. Their parent, or legal guardian must file one on their behalf.
- Settlement agreements awarded to children must be reviewed and approved by a judge before they are finalized.
- Children have the right to wait until they are no longer a minors to file their own personal injury claim.
Common School Injuries in California
The most common school injuries are often related to activities such as sports or play at recess. Children are often subjected to multiple areas of the school. These areas typically include active parking lots, or crossing the street if they choose to walk to school. This present many risks if a school or school employee is careless with the safety of the children. The most common school injuries include:
- Sports injuries: sports injuries are leading cause of school injuires in middle and high school students. Sports are inherently risky, but the risk of injury can be reduced through the use of proper safety equipment and supervision.
- School zone injuries: school zones are chaotic places during school pick up and drop-off. There are typically far more students than teachers, and accidents can happen if they are not being watchful whenever cars and buses are driving by.
- Playground injuries: playgrounds can be dangerous if safety rules are not followed or hazardous conditions are not repaired.
- School violence: unfortunately, school violence is becoming more and more common. These occurrences can be in the form of bullying to deadly acts of violence that appear on the news. In many cases, school violence can be prevented if the school implements proper school security protocols.
What is a Child School Injury Worth?
The value of a child injury claim varies widely from case to case. The amount of compensation your child can receive will be largely dependent on the financial value of their losses. For example, if their injury required extensive treatment and seriously altered their life, then the value of their case will most likely be relatively high. Here is a list of factors that may contribute to the value of your child’s injury claim:
- The severity of your child’s injury
- The cost of your child’s medical treatment to date
- Any special needs created by the injury
- Whether your child requires ongoing medical care, rehabilitation, or therapy
- The expected long-term impact and recovery time
- Your child’s educational prospects and earnings after the accident
- Changes to your family’s quality of life post-accident
Contact a Child Injury Accident Lawyer in California
If your child has been injured at school in California, the Personal Injury Lawyers at Maison Law can help. Our firm will aggressively pursue all liable parties to recover the maximum amount of damages your child is owed. Don’t wait until it’s too late to take legal action on behalf of your child. Contact Maison Law today to begin your free initial consultation.
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