When your child’s well-being is at stake after an injury or accident at school, the NYC school injury attorneys at Hecht, Kleeger & Damashek, P.C. have had considerable success with these types of claims, including a recent $8 million settlement. We will thoroughly investigate how your son or daughter was hurt, identify who was at fault, and do everything within New York law to set things right.
What to do if Your Child Was Injured at School in New York?
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.
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 a Lawyer About Injuries at School
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.
Compensation for New York School Injuries
By presenting compelling evidence related to the elements of a school accident case, you may be entitled to recover monetary damages for your losses and those of your child. Examples of compensation may include:
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 in New York, you will need to establish the four elements were present to recover compensation:
The school or related party had a duty to exercise reasonable care regarding your child;
The responsible party breached this duty by acting carelessly or failing to act;
There’s a direct/causal link between the breach of duty and the accident that caused your child’s school injuries; and,
You and your child suffered losses as a result of the accident.
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Negligence for New York City School Accidents
School accidents can happen in countless scenarios and vary in severity. It is best to consult with an experienced New York school injury lawyer, who can explain New York personal injury 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 & NYC 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.
New York School Accidents
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 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. The best way to get what your child needs and hold them accountable is to consult a knowledgeable and trustworthy New York City school injury lawyer.
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When I spoke to Mr. Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
When your child is suffering because they suffered an injury in a preventable accident at school, we recommend calling the New York child injury lawyers 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. Our NYC personal injury lawyers are experienced in handling these kinds of claims.
You deserve a school injury 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 our NYC school accident lawyers 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.
