When your child is injured at school, you may be filled with anxiety and have many questions. You may wonder how the injury occurred and what to do to help ensure that your child receives the justice they deserve. You may decide you want to sue your child’s school.
The Orange County child injury attorneys at Case Barnett Law understand that nothing is more important than your child’s well-being—especially when they’re out of your protective eye. School should be a secure place where you can feel confident about their safety. Our legal team has helped many parents navigate the complex process of protecting their child’s rights after a school injury. We know what documentation you need to build a strong case for your child. Here, we discuss legal steps to help ensure justice for your family.
File Your Claim Within Six Months
Under California Government Code Section 911.2, you’re required to file a government claim within six months if you plan to seek compensation for injuries from a public entity. Different deadlines may apply for private schools. The statute of limitations for personal injury claims involving minors is generally longer than for adults, but waiting too long can make it harder to gather evidence. The process for filing includes the following:
- Submitting the claim to the correct government entity. For public schools, this is typically the school district's governing board.
- Including all required information about the incident, injuries, and damages you're claiming. The claim must be properly formatted and contain specific details required by law.
- Meeting all filing deadlines. Missing these deadlines can prevent you from pursuing legal action later.
It’s also important that after you learn of your child’s injury, you report it to the right people, including the following:
- Contact your child’s teacher and school principal in writing about the incident. Include specific details, including the date, time, and location of the injury. Be exact about where the accident occurred and what your child was doing at the time. Describe the incident and how the school staff responded. Include the names of witnesses to the incident.
- Request that the school district's risk management department be notified. Be sure to keep copies of all correspondence and communication.
- Consider reporting the incident to the California Department of Education if the injury resulted from unsafe conditions or inadequate supervision.
Document Your Child's School Injury
When you get a call that your child has been injured at school, your primary concern is getting them prompt medical attention. Documenting the injury is probably last on your mind. However, if you want to sue your child’s school and/or its employees for negligence, there are certain things you need to do to help protect your child’s rights. Here is the documentation you should provide to help obtain fair compensation for your child’s injuries:
- Request a copy of any incident reports filed by the school.
- Take photos of your child’s visible injuries and the location where the accident occurred. This may include any equipment involved or hazardous conditions that contributed to the injury.
- Note the exact time, date, and location of the accident. Include details about weather conditions if the incident occurred outside.
- Maintain a communication log. Take detailed notes about conversations with the school staff, including the names and dates when you talked with them and what you discussed. Save all emails, text messages, and letters related to the incident. Print digital communications and keep them in a safe place.
- Save copies of all your child’s medical records, including ER visits, follow-up doctor appointments, and ongoing treatment needs. This may include discharge instructions and prescriptions.
- Keep a journal about how the injury is impacting your child’s life—including how it affects their daily activities and routine, school attendance, and emotional well-being.
- Create a timeline of events leading up to and following the injury. Include any previous safety concerns you raised with the school administration.
- Get the names of witnesses, including teachers and/or students, who saw the accident. Ask witnesses to provide written statements while their memories are fresh.
- Document any promises made by school administrators about addressing safety concerns or preventing future accidents.
Track Your Child’s Recovery
If you plan to sue your child’s school, it’s also important to document your child’s progress as they recover from their injuries. Keep a daily journal about your child’s physical symptoms and emotional state as they navigate their recovery. If you observe changes in their behavior, sleep issues, or demonstrated anxiety about returning to school, write it down and include the date. If your child’s injuries prevent them from participating in school activities or at recess, note what they are missing out on. Also, note how their injuries impact their social interaction with friends, as well as their academic performance. Be sure to include any accommodations the school provides during recovery, such as modified assignments or assistance moving between classes.
Our Orange County legal team understands that proper documentation strengthens your child's case and helps ensure fair compensation for their injuries. We can guide you through this process and protect your child's rights.
California Law: Know Your Child's Rights
Under California law, your child has a variety of rights that are important to know and understand when filing a personal injury claim and/or suing a school. These include the following:
- Under Education Code Section 44807, schools have a legal duty to provide adequate supervision and maintain safe conditions for students. This includes properly training staff, maintaining facilities, and responding appropriately to known hazards. Schools must also maintain appropriate student-to-staff ratios, particularly for younger children and during higher-risk activities.
- Your child has the right to a safe learning environment. The school must take reasonable steps to prevent foreseeable injuries and respond appropriately when accidents occur. This includes regular inspection of playground equipment, sporting facilities, and other areas where students gather. Schools must promptly repair or remove hazardous equipment. Additionally, schools must perform proper maintenance of walkways, stairs, and other common areas to prevent slip and fall accidents. This includes addressing weather-related hazards.
- California law provides specific protections for students with disabilities or special needs who may require additional supervision or accommodations.