What to Do if Your Child Is Injured at School

Sending your child off to school is a routine part of daily life, but it can be every parent’s nightmare when a phone call comes in about an injury. School injuries can happen in a variety of ways—on the playground, during sports, on the bus, or even because of bullying. While minor injuries are common and often unavoidable, more serious injuries can leave parents feeling overwhelmed and unsure of what to do next.

In this post, we’ll explain what steps to take if your child gets injured at school, the legal process for school injury claims in Louisiana, and how you can seek compensation for your child’s injuries.

Common Causes of School Injuries

Understanding the common causes of school injuries can help parents be more aware of potential risks. Some of the most common situations where children are hurt include:

Injuries on the Playground

Playgrounds are designed for fun, but accidents can happen. Broken equipment, lack of supervision, or unsafe surfaces can cause serious injuries like broken bones or head trauma.

Injuries During School Sports

Sports injuries are often a part of the game, but sometimes they are due to improper training, defective equipment, or unsafe playing conditions.

Injuries on the School Bus

School buses are typically safe, but accidents do occur. Bus crashes, falls while getting on or off, or improper safety protocols can all lead to injuries.

Injuries Due to Bullying or Fights

Sometimes, another child’s actions can result in harm. Bullying or fights, whether physical or emotional, can leave your child injured and in need of support.

Immediate Steps to Take After Your Child’s Injury at School

When your child is hurt, it’s natural to feel panicked, but taking the right steps early on can help protect your child’s health and any potential legal claim.

Seeking Immediate Medical Attention

The first priority is always your child’s well-being. Seek medical treatment right away, even if the injury seems minor. A doctor’s assessment can prevent complications and provide a medical record that could be important later.

Reporting the Incident to the School

Notify the school of the injury as soon as possible. Ensure the injury is documented, and ask for a copy of the incident report. This establishes a record of what happened.

Documenting the Injury and Collecting Evidence

Take photos of visible injuries and keep track of the details—when and where the injury occurred, who was present, and what led to the incident. This evidence is crucial for building a strong case.

Keeping Track of Expenses and Medical Bills

Keep all receipts and invoices for medical treatment and other injury-related expenses. This includes doctor’s visits, medications, therapy, and any special care your child needs.

Maintaining a Recovery Journal for Your Child

Write down how the injury impacts your child’s daily life. Document any pain, emotional struggles, or difficulties in performing daily tasks. This information helps illustrate the full extent of your child’s suffering.

Legal Aspects of School Injury Claims in Louisiana

School injury claims have unique challenges compared to other personal injury cases, especially when public schools are involved.

Understanding Government Immunity and Private vs. Public Schools

If your child attends a private school, you can generally file a lawsuit just like any other personal injury case. However, public schools are government entities and often have some level of immunity, making these claims more complex. Louisiana law does allow lawsuits against parish school boards, but the process requires careful legal navigation.

Statute of Limitations for School Injury Lawsuits

In Louisiana, personal injury claims must usually be filed within one year of the injury. However, public schools may have even shorter deadlines, sometimes as little as 30, 60, or 90 days. It’s critical to act quickly to preserve your right to compensation.

Proving Liability in a Louisiana School Injury Case

To win a school injury case, you must prove that the school was negligent. This can be challenging, especially when dealing with a child’s injury.

Establishing Negligence by the School

Negligence means the school failed to provide a safe environment for your child. This could include not maintaining equipment, failing to supervise students, or not addressing known dangers.

Comparative Negligence in Louisiana Injury Cases

Louisiana follows the rule of “comparative negligence.” This means the amount of compensation you can receive depends on how much responsibility your child shares for their own injury. For example, if your child was 30% at fault for an accident, any compensation you receive would be reduced by 30%.

Types of Compensation for School Injuries

If your child is injured at school, you may be entitled to compensation for a variety of damages.

Medical Expenses

This includes the cost of doctor visits, hospital stays, physical therapy, and any future medical care your child may need.

Pain and Suffering

Your child’s emotional and physical suffering, including anxiety, fear, or depression caused by the injury, can also be compensated.

Loss of Quality of Life

If the injury significantly impacts your child’s ability to enjoy life, participate in activities, or perform daily tasks, this could also be factored into compensation.

Future Medical and Educational Support

In some cases, an injury may have long-term effects, requiring ongoing medical treatment or educational accommodations. Compensation can help cover these future costs.

Settlement Procedures for School Injury Claims Involving Minors

When minors are involved, Louisiana law requires court approval for any settlement.

Court Approval of Settlements Involving Minors

Since children cannot make legal decisions, the court must approve any settlement to ensure it’s in the child’s best interest. This step protects both the child and the parent.

Managing Settlement Funds Until the Child Reaches Adulthood

In most cases, settlement money will be held in a trust or managed account until the child turns 18. This ensures the funds are used appropriately and benefit the child as intended.

How a Louisiana Personal Injury Lawyer Can Help Your Case

Navigating a school injury claim can be complex, but an experienced lawyer can guide you through the process.

Navigating Complex School Injury Claims

A knowledgeable lawyer will understand the specific legal challenges of school injury cases and how to overcome government immunity and deadlines.

Negotiating with Schools and Insurance Companies on Your Behalf

Your attorney will handle all negotiations with the school and their insurance company, ensuring your child receives fair compensation for their injuries.

Preventative Measures and Safety Tips for Parents

While not all accidents can be prevented, taking proactive steps can help reduce the likelihood of injury.

Understanding Your Child’s School Safety Policies

Review the school’s safety protocols and procedures. Make sure they’re following best practices for playground safety, sports training, and bus transportation.

Communicating with School Staff

Stay in touch with teachers, coaches, and school administrators about your child’s well-being and any potential hazards you notice.

Teaching Children Safety Awareness at School

Help your child understand how to stay safe—whether on the playground, in the classroom, or on the bus. Teach them the importance of following rules and speaking up if they feel unsafe.

Frequently Asked Questions (FAQ) About School Injury Claims

Can I Sue the School if My Child Was Injured?

Yes, if the injury resulted from the school’s negligence. However, the process can vary depending on whether the school is public or private.

What Is the Deadline for Filing a School Injury Claim?

For most cases in Louisiana, the deadline is one year, but for public schools, you may need to act within 30-90 days.

What Compensation Can I Seek for My Child’s Injuries?

You may be able to seek compensation for medical expenses, pain and suffering, loss of quality of life, and future care needs.

Can the School Claim My Child Was Partially Responsible?

Yes. Louisiana’s comparative negligence law means compensation could be reduced if your child is found partially responsible.

Contact a Louisiana School Injury Lawyer Today

If your child has been injured at school, you deserve to know your legal rights. Contact Alvendia, Kelly & Demarest for a free consultation. We have decades of experience fighting for the rights of injured children, and we can help you seek the compensation your child deserves. Call us today at 504-618-1638 or visit us online to learn more. Let us handle the legal side so you can focus on your child’s recovery.