It’s something you hope never happens. You get the terrifying call that your child has been injured at school. As details of the incident unfold, you may believe that your child’s school or trusted teachers and administrators were partially or fully responsible for the accident. You may wonder if you’re able to hold the school accountable for your child’s injuries.
The Orange County child injury lawyers at Case Barnett Law understand the panic you feel when your child is hurt and the physical and emotional trauma you and your child may experience. We also understand the anger you feel. We have helped many clients take action when schools failed to protect their children. Here, we explain the background and skills needed when you’re looking for a lawyer to represent you in a lawsuit against a school, teacher, or administrators.
Reasons to Sue a California School
You may like the school your child attends, so when your child is hurt on school grounds, you may be reluctant to sue. However, when your child is injured due to any of the following, a lawsuit may be warranted:
- Inadequate supervision
- Negligence
- Bullying or harassment that was not addressed by the school
- Discrimination
- Improper expulsion
- Sexual assault or abuse
Regardless of the compensation you may receive for your case, a school lawsuit is also helpful in shedding light on what incident and potentially stopping it from happening to another child. If you can save another child, this alone is reason enough to sue a school.
Qualities to Look for When Hiring a School Injury Lawyer
When you are faced with a school accident that injures your child, you may want to take legal action but are unsure of what type of lawyer to hire. You may wonder who’s best suited to handle this kind of case. Selecting the right attorney is crucial to ensuring your case is handled effectively. Here are some characteristics, skills, and qualities you want in a lawyer when you’re suing a school:
Thorough and Extensive Knowledge of California Education Law
It’s important that your attorney has extensive knowledge of personal injury law and education law. The Golden State has stringent regulations that govern student safety, mandatory reporting requirements, and school district liability. Your attorney should be able to clearly explain the laws that apply to your claim or lawsuit and how they might affect obtaining fair compensation. Also crucial are the following skills:
- An understanding of sovereign immunity. Because sovereign immunity can make it difficult for someone to take legal action against the government, it’s crucial that your lawyer knows the specific procedures for suing a government entity. Schools often try to hide behind immunity defenses, but our skilled personal injury attorneys know how to deal with these challenges.
- A familiarity with administrative procedures, deadlines, and documentation requirements. Your child injury lawyer must know how to obtain and preserve important evidence, including security camera footage and incident reports.
Your Attorney Must Be a Strong Investigator
A skilled child injury attorney knows that if you’re going to sue a school, they’ll need to thoroughly investigate the accident. This includes gathering critical evidence, as well as tracking down student witnesses and handling interviews with people who may not yet be 18. It’s important that your lawyer respects privacy laws and parental concerns. Your attorney should also understand how to:
- Find former school employees who might provide important testimony about past accidents or safety issues.
- Work with medical professionals who will document the physical and psychological impact of the accident on your child. This may include their immediate injuries and possible long-term trauma.
- Research the school’s history to see if there were safety violations in the past, complaints, or similar accidents. If your attorney can show a pattern of negligence, it may help strengthen your case.
Your Attorney Should Have Experience With Child Trauma
Your child injury attorney should know how to work with children. They should have the sensitivity needed to converse with young victims while getting the information and evidence they need. They should know when to have a child counselor or psychologist get involved in the case. Your attorney should also be able to:
- Discuss complicated and complex information in a way that children can understand.
- Document and provide evidence for any emotional and psychological damage and/or behavioral changes as determined by medical experts.
- Recognize when a child feels guilt or shame, believing they did something wrong to cause the accident.
- Reassure children when gathering their version of the event.
- Conduct multiple interviews to give the child time to share information instead of pushing for specifics all at once. Sometimes, it takes more than one discussion for a child to offer all the pieces of the accident.
- Recognize when a child is showing signs of trauma. Our skilled and experienced child injury lawyers work closely with teachers, mental health professionals, and parents to document changes in social interactions, academic performance, and sleep patterns.
- Discuss the legal process in age-appropriate language.
- Communicate strategically, especially when handling media and press inquiries. They should know what information should be kept confidential.