Maison Law represents students injured at public or private schools in California. The main difference between suing a public and private school is that a private school is owned by an independent business, while a public school is owned by the government. So, when a lawsuit is filed against a public school, you’ll be suing the government instead of a company, as is typical with most lawsuits.
If you or your child has suffered injuries at your school, we recommend contacting us today to understand your legal right to compensation and if a lawsuit is beneficial to your situation. In this article, we’ll cover the legal process of filing a lawsuit against both public and private schools.
How Maison Law Helps Students Injured at School
At Maison Law, if your child has been injured due to an unsafe school environment or carelessness, then we will take legal action on your behalf. Although the legal process is different between public and private universities, we provide our clients with the following steps to pursue fair compensation:
- Increase your initial settlement by letting the insurance adjuster know you intend to invoke your right to fair compensation and engage in settlement negotiations
- Make you aware of the compensation you are owed to treat your injuries, make a full recovery, and cover future potential damages
- Help you understand what your case is worth based on the details of your case
- Build a case by gathering evidence such as:
- Proof of the damages your child has suffered
- Evidence that a person, or the school, was liable for your injuries
- Evidence that the accident was in no way you or your child’s fault, nor could they have done anything to prevent it
- File a claim in court if a settlement cannot be reached, and present your child’s case in front of a jury
Suing a Private School
Suing a private school is far less complicated than suing a public school. The reason for this is because a private school is treated like a business instead of a branch of the government. Private schools have the same insurance policies as a standard company like Target or Whole Foods, for example.
So, if your child is injured due to a hazardous condition or negligent action while at school, then you would file a claim with the private school’s insurance. It is important to note that if the child is under 18, then a parent or legal guardian must file the lawsuit or their behalf.
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 these situations, the adult, not the child, will have to show how the private school 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.”
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.
Suing a Public School
Filing a lawsuit against a public school is more complicated than suing a company or individual because public schools are considered government entities. However, it is not impossible to sue the a public school for compensation. If you would like to file a claim against a public school, your first steps should be to file a notice of your claim against the school district and wait for the district to complete an investigation of the incident.
To file a claim against California state agencies or employees, you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your claim. Your written, personal injury claim must include the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the incident
- A general description of damages caused by the incident
- The name of the employee (if applicable) or agency that caused the injuries
- The dollar amount you are claiming
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).
If the school district does not take action after a certian period of time or denies some part of the claim, then the parents of the injured student can file a lawsuit. If you have not heard back from the school district, then contact Maison Law today for a free case review and we can help you take legal action if necessary.
What is Sovereign Immunity?
A government entity can deny your claim through sovereign immunity.” Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness or corruption.
Depending on the circumstances, suing the government can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
Damages Available for School Injuries
Whether your injury occurred on a privately or publicly owned school, you are entitled to receive full compensation for the damage done to your life. Our law firm helps injured students across California receive immediate medical resources and financial compensation for the following damages after a school injury:
- Past, current, and future medical bills
- Rehabilitation, therapy, in-home care, nursing care, medical devices, and medication
- Lost wages and employment benefits (if applicable)
- Permanent disability
- Reduced or lost earning capacity
- Out-of-pocket expenses
- Costs to repair or replace damaged property
- Pain and suffering
- Negative impact on mental health
- Post-traumatic stress disorder
- Loss of enjoyment of life
Contact a School Accident Personal Injury Lawyer
If you or a loved one has suffered injuries on school property due to a hazardous condition or careless act, the Personal Injury Lawyers at Maison Law can help. Our attorneys are experts in Tort Law if you need to file a lawsuit against a government entity. Regardless of whether a public or private school, our firm has years of experience in aggressively pursuing fair compensation for students injured at school.
Contact Maison Law today for a free consultation and case evaluation. We operate on a no-win, no-fee contingency basis. So, there are no charges unless we win your case.
