When a child gets injured at school, they can face more than just the physical damages that occur as a result of the injury. On top of the physical damages, there are the emotional and monetary damages that come with it. All of these damages combined can make it incredibly difficult for a child to recover. Fortunately, schools, both public and private, are expected to uphold the safety of their students, and when this degree of safety is disregarded the parents can sue the school for compensation for the child injury at school. At Normandie Law Firm, one of the top legal groups in Southern California, our skilled attorneys with experience handling student injury claims can not only help you find the value of your case, but we can assist you in earning the compensation that you deserve. If you have any questions after reading this article, please feel free to contact our top-rated law offices for a free consultation by one of our experienced lawyers.
Public School, Private School and The Accidents That Can Happen There
Public schools and private schools are in a lot of ways, more alike than they are different. Both institutions are responsible for the safety and security of their students, and when this safety is neglected, they are expected to pay the victim compensation for when a child gets hurt at their school. However, the points that make public and private schools different dramatically change the nature by which a lawsuit can be filed against them. Public schools are technically government bodies as they are funded by the government on a per-pupil basis. Private schools on the other hand charge per pupil for admission. Private schools also require that new applicants submit grades, test scores, and application before being admitted to the school.
These differences influence the statute of limitations for a student injury case. The statute of limitations is essentially the period in which a plaintiff has to bring their case to court. This statute varies from state to state, and case to case. For instance in California, almost all personal injury cases must be submitted to the court within two years of the date of the incident. This changes when filing a lawsuit against a government agency, like a public school, however. When filing lawsuits against a government body, the plaintiff has six months to submit their case. The Board of Education then has the option to reject the claim, act on the claim, or ignore it. If the claim is rejected the plaintiff has every right to bring their case to court. For this reason, it is in your best interest to employ a skilled attorney to handle your case.
Public schools are usually divided into districts. Some districts in the state of California include: South Pasadena Unified School District, Glendale Unified School District, Garden Grove Unified, Stockton Unified, San Jose Unified, Irvine Unified, Fontana Unified, Kern High, Santa Monica Unified School District Beverly Hills Unified School District, Los Angeles Unified School District (LAUSD), San Diego School District, Long Beach Unified School District, Fresno Unified School District, Santa Ana Unified School District, San Francisco Unified School District, Oakland Unified School District, Sacramento Unified School District, San Bernardino Unified School District, San Juan Unified School District, Bakersfield Unified School District, Modesto Unified School District, Stockton Unified School District, Sacramento Unified School District, and Pasadena Unified School District. These are just a few of the school districts in California, and as you can probably guess, they are divided based on region.
As previously mentioned, private schools and public schools are responsible for the injury of their students. An accomplished attorney with expertise in school injury lawsuits can help you seek compensation. Below are some of the common accidents that can occur in a student injury case:
- Slips and Fall Accidents: Slip and fall accidents can be damaging to a student, the severity of the injuries only increasing the younger they are. According to the HSE (Health, Safety, and Environment), 55% of all major accidents at schools are caused by slip and trip accidents.
- Defective School Equipment: Accidents can also be caused by defective school equipment. The school staff is expected to maintain and check for hazards that might pose a risk to students. Poorly maintained equipment can include things like chairs, desks, and gym equipment.
- Accidents Involving Doors and Passageways: Between finger trapping injuries, and being hit, doors in schools can pose a risk to students. It is up to the school staff to make sure that all doors and passages are safe for students.
- Physical Education and Sports Injuries: Sports can be grueling and brutal among students when not supervised properly. When a student is injured in a P.E class or organized sports activity, the responsibility falls upon the teacher and the school for letting the accident occur.
- Asbestos Exposure: Some schools are in buildings that still contain asbestos. This can cause illnesses that spread throughout an entire school caused by exposure to the substance in older buildings and premises.
You & Your Case
When clients come to our law firm with a student injury case, they often ask some questions regarding the value of their case. In a majority of instances, those who ask for their case worth or potential payout amounts already have an attorney yet are unsatisfied with that attorney’s service thus far. Fortunately, at Normandie Law Firm, our accomplished attorneys with experience in school injury cases are committed to offering our clients all the resources they may need when filing their claims,, regardless of whether they have an attorney already or not. Some of these frequently asked questions about regarding case worth include:
- What is the average settlement value of a lawsuit if my child was hurt at school?
- What is the settlement value for my school child injury case?
- How much is my school child injury case worth?
How much your case is worth depends on some factors that cannot be so easily generalized. For instance, your case may be worth more if your school child injury case resulted in damages that affect the lifelong well-being of your child. This amount would differ vastly compared to a school child injury case that resulted in minor damages. This vast difference in potential value also affects any settlement average we could hope to reach. While we could calculate a settlement average, there is no guarantee that your case would apply to that average.
That is not to say that determining a case value is impossible, however. The best way to discern the value of your case is to calculate the compensable damages that make up your specific case. These compensable damages fit into three different categories: monetary damages, nonmonetary damages, and punitive damages.
Monetary damages usually make up a large majority of your case value as the components in monetary damages all have a definable economic value. Some of these monetary damages include the following:
- Medical Expenses: These are the costs that a victim must endure for the hospitalization of the initial injury and any further treatment needed in the future because of this injury. These expenses often make up a significant portion of a settlement value.
- Loss of Wages: These compensatory damages meant to reimburse the victim for any wages lost from the injuries. This amount can be determined through a thorough examination of the victim’s salary history and often includes sick and vacation time.
- Loss of Potential Future Wages: Sometimes injuries can be so severe that the victim may lose the ability to perform at the same level they had before their injuries. To determine this amount, a complicated formula is used that involves the examination of the victim’s projected earnings and the impact that the damages may have had on the victim’s ability to find and perform future work.
Noneconomic damages are somewhat challenging to define as they are made up of damages that don’t have a universal monetary value. An attorney may best assist you in calculating damages. However, it is still helpful to understand the components that make up noneconomic damages:
- Pain and suffering: This damage is compensated to a victim based on the pain and suffering they endured from their injuries. This amount is often calculated by the use of a pain multiplier that has the victim identify their level of pain on a scale of one to ten.
- Emotional Distress: This form of compensation is offered to victims that have experienced any emotional trauma suffered due to the injuries. The compensable amount of emotional distress often varies from state to state.
- Loss of Consortium: Loss of consortium is often added to the value of your case when the injuries are so severe that the victim’s loved ones are deprived of a normal loving relationship and companionship
Lastly, punitive damages are damages that are added to the value of a case as a way to punish the defendant and to deter them from similar actions in the future. Punitive damages are considered difficult to argue for as you must be able to prove the intent of the defendant, or the defendant has to have acted rashly. Often, lesser attorneys will settle the case without pursuing punitive damages. However, an expert attorney who has experience in school injury cases at Normandie Law Firm will be devoted to committing all the resources necessary to earn our clients all the damages that they demand, punitive damages included.
How Normandie Law Firm Can Help
Having an experienced attorney on your side can make the difference between filing a successful claim for compensation and having your lawsuit dismissed from court entirely. At Normandie Law Firm, our qualified attorneys can assist you in not only fighting our case but helping you determine the settlement average or value for your school child injury lawsuit. Our attorneys practice in San Diego, Orange County, Riverside, Bakersfield, San Francisco, Fresno, Sacramento and throughout the state of California.
Free Second Opinions
Some attorneys are lazy, and will sign you up to their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney, don’t worry, we’ll give you a second review of your case 100% free of charge. Call us today to consult with a lawyer experienced in school injury cases
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages. An attorney with expertise in school injury lawsuits will be available to take your call.
