child injured at school

When your child is injured at school, it’s natural to feel frustrated and overwhelmed. Schools have a legal and moral duty to keep children safe; if they fail, you have the right to hold them accountable. Knowing your legal rights is essential to protecting your child’s future, whether the injury was due to poor supervision, another student’s behavior, or the school’s failure to notify you.

At Lytal, Reiter, Smith, Ivey & Fronrath, our West Palm Beach personal injury lawyers understand how devastating it can be when your child is hurt, especially in a setting where they should be safe. This blog will guide you through what to do if your child is injured at school, how to handle situations involving other students, and what steps to take if the school fails to notify you.

What to do when your child is injured at school

If your child is injured at school, your first instinct may be to panic, but it’s important to take immediate, clear-headed steps to ensure your child’s safety and protect their rights.

  1. Gather information – Collect as much information as possible about the incident. This includes the names of teachers or supervisors present, the accident’s location, and any witness accounts. Schools should provide you with an incident report detailing the events surrounding your child’s injury. If they don’t offer one, request it.
  2. Take photos and notes – Photographs of the scene, injuries, and anything related to the accident can be critical evidence if you need to pursue legal action. Additionally, document everything: conversations with school officials, medical appointments, and changes in your child’s health or behavior after the injury.
  3. Notify the school administration – Ensure the school administration is fully aware of the injury. Confirm in writing that you are pursuing the matter and intend to hold the school accountable if the injury resulted from negligence.

What if my child was injured by another student?

If another student caused your child’s injury, the legal situation can be more complicated, but you still have rights. In Florida, schools must supervise students and maintain a safe environment. If another student caused harm to your child, the school could still be held liable if the injury resulted from inadequate supervision or negligence.

  1. Investigate the circumstances – Schools are obligated to take reasonable steps to prevent bullying, violence, or accidents between students. Determine if the school was aware of any prior incidents or if there were known risks that were not addressed, such as bullying or behavioral issues with the student who caused the injury.
  2. File a report – Report the incident to school officials and ensure they properly document the altercation or accident. This should include interviews with the other students, teachers, and witnesses who saw the incident.
  3. Contact an attorney – If the injury was caused by bullying or intentional harm, you might have grounds to pursue additional legal action against the student’s parents. In negligence or inadequate supervision cases, a claim may also be filed against the school district.

What can I do if the school never notified me about my child’s injury?

Florida schools must inform parents of injuries that occur while their children are at school, but sadly, there are situations where this notification does not happen. It is a serious breach of the school’s duty if you were not informed when your child was injured.

  1. File a complaint with the school district – Failure to notify you could indicate negligence on the part of the school. File a formal complaint with the school administration and the district board, outlining the failure to report and how it impacted your ability to seek immediate medical care for your child.
  2. Examine the extent of the injury – Not being notified immediately can worsen an injury. If a delay in treatment contributed to further harm, this could significantly impact your claim.
  3. Legal representation – When a school fails to notify parents of an injury, pursuing legal action becomes essential to hold them accountable. The lawyers at Lytal, Reiter, Smith, Ivey & Fronrath can help guide you through the process of filing a personal injury claim, assessing the extent of the school’s liability, and seeking compensation for your child’s medical bills, emotional distress, and pain and suffering.
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Florida laws governing school injuries

Florida has specific legal standards regarding personal injuries that happen on school premises. Under state law, government entities, including public schools, have a limited waiver of sovereign immunity, meaning they can be sued for injuries only under specific circumstances. The law limits the compensation awarded to $200,000 per claim or $300,000 per incident.

Different laws apply for cases involving private schools, as these institutions are not protected under sovereign immunity and can be sued in full for negligence, similar to any other private entity.

Was your child injured at school? We can help.

Lytal, Reiter, Smith, Ivey & Fronrath are here to help you navigate these complex legal waters. We can ensure that your child’s rights are protected and that your family receives the compensation necessary to cover medical expenses, lost wages, and emotional distress. Contact us today for a free consultation.

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