New York School Injuries

Accidents are the top cause of fatalities and injuries for children under 18, according to the Centers of Disease Control and Prevention. Considering how much time your children spend in school, there’s a decent chance that’s where your child will suffer a significant injury. The thought of your kid being hurt in a school accident is no doubt haunting, especially considering the physical, financial, and emotional losses involved. But if your child is injured at school because someone who should have known better was negligent or careless, it’s time to assert your rights as a parent, and hold them accountable. The best way to get what your child needs is to consult a knowledgeable and trustworthy school injury lawyer.

When your child’s well-being is at stake after an injury at school, the NY child injury lawyers at Hecht, Kleeger & Damashek, P.C. have had considerable success with these types of claims. We will thoroughly investigate how your son or daughter was hurt, identify who was at fault, and do everything within the law to set things right.

Don’t take risks with your child’s recovery. Call (212) 490-5700 today or contact us online. We offer free consultations, never charge up-front legal fees, and you owe nothing unless we win you compensation.

Common School Injuries in New York

Various factors contribute to injury-causing accidents and incidents at school, many of which are due to carelessness, inadequate training, and subpar maintenance. The legal term for this is negligence, and if your child was injured at school, you will need to establish the four elements were present to recover compensation:

  1. The school or related party had a duty to exercise reasonable care regarding your child;
  2. The responsible party breached this duty by acting carelessly or failing to act;
  3. There’s a direct/causal link between the breach of duty and the accident that caused your child’s school injuries; and,
  4. You and your child suffered losses as a result of the accident.

By presenting compelling evidence related to these factors, you may be entitled to recover monetary damages for your losses and those of your child. Examples of compensation may include reimbursement for medical bills, out-of-pocket costs, pain and suffering, emotional distress, and other losses.

Negligence in Schools

School accidents can happen in countless scenarios and vary in severity. It is best to consult with an experienced school injury lawyer, who can explain the law and if negligence likely played a role in how your child was injured at school.

  • Negligent supervision may occur when a school or employee fails to monitor children’s activities in the classroom, on the playground, in gym class, to and from buses, and other scenarios.
  • Negligent hiring happens if school officials or administrators don’t take proper precautions in screening new employees, such as by conducting thorough background checks.
  • Equipment injuries at school may happen due to faulty or poorly maintained school equipment, particularly with playground structures. However, failure to care for and inspect desks, chairs, science lab materials, or gym gear could also constitute negligence.
  • Negligent training of employees can put children at risk, such as workers in the cafeteria who fail to ensure proper food safety measures.
  • Negligent security refers to a school’s obligation to provide sufficient security for students. This includes monitoring visitors, preventing trespassers from entering, and taking action against violent acts.

Intentional Conduct and School Injuries

Unfortunately, some injuries to children at school happen because of intentional conduct. In most cases, these acts are criminal, like sexual abuse or physical violence. Besides having a negligence claim against school supervisors who failed to protect children, you may also have a claim against the perpetrator. If the person who caused your child’s injury is another student, it may be possible to pursue the parents.

When intentional conduct is the cause of harm, you can recover much of the same types of compensation as a negligence-based case. In some situations, you may also be entitled to punitive damages to punish the offender.

Notable
Results

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Construction Workers Injured on an Exterior Scaffold

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What if Your Child Was Injured at School?

Seeing your child injured on a school playground or with a broken arm at school is jarring. It’s understandable that you’re overwhelmed, worried, and upset. Hopefully, the guidance below will help you get your child the care they need and protect your right to seek a legal claim when necessary.

Seek Proper Medical Care

It’s likely that the school already arranged for care, either through an on-site school nurse, emergency treatment, or urgent care. However, you should still follow up with your child’s pediatrician as soon as possible. You’ll want a thorough examination to ensure proper recovery.

Talk to Your Child

Though age is a significant factor in how much information you’ll get, you should speak with your child about what happened. Children may be reluctant to discuss the incident, so make sure they understand that it’s OK to talk about it. You know your child best when determining how to react, but the conversation may provide insight into whether there was negligent or intentional conduct behind the injuries.

Consult with an Attorney

There are additional tasks to undertake for a school-related injury, but it’s necessary to have a keen understanding of how to file a claim against a school, a district, or individual. There are different procedures for public and private schools, and there may be multiple parties responsible. Therefore, working with a lawyer from the beginning is a wise decision. A school injury attorney can tackle other key tasks, such as:

  • Conducting an investigation to gather crucial evidence;
  • Reaching out to witnesses;
  • Filing a school injury claim according to the procedures established by New York law;
  • Representing you in litigation; and,
  • Providing legal support to ensure your interests are protected.

Discuss Your Situation with an Attorney

When your child is suffering because they suffered an injury in a preventable accident at school, we recommend calling us at Hecht, Kleeger & Damashek, P.C. right away. Pursuing a personal injury claim or lawsuit against a school is often more complicated than people expect. You frequently have to deal with insurance companies, bureaucratic school districts, and teams of lawyers focused on minimizing your child’s injuries.

You deserve a lawyer who protects your child’s rights the way you would. With decades of experience and a history of holding negligent parties accountable for the harm they cause, let us explain your legal options and fight for everything you and your child deserve.

Speak with our school injury lawyers today. Contact us online, or call (212) 490-5700. We offer free consultations, never charge fees up-front, and you owe nothing until we recover compensation for you.

CLIENT REVIEWS

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05/01/2015

“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

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05/01/2015

“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…

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06/05/2019

I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…

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07/05/2015

I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

5 Stars Review 5
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07/05/2015

I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…

5 Stars Review 5
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07/05/2015

I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…

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07/05/2015

I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.

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07/05/2015

After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…

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07/05/2015

After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…

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07/05/2015

I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.

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Average 5 out of 5 rating based on 10 Reviews