Accidents often result in personal injury claims. The party responsible for the accident must compensate the victim for any money spent on hospital bills, lost wages, and pain and suffering. That said, can you hold the school district liable for accidents?
Suing the school district might be challenging because of government immunity. Governmental immunity protects school buses, drivers, and other school district vehicles from litigation. Therefore, unless the accident resulted from negligence, you may lack solid grounds for a claim.
If you can prove an accident was caused by negligence, breach of duty, or intentional harm, you can file for compensation. In such situations, a certain threshold of medical bills must be exceeded. Therefore, minor injuries from accidents will not be compensated.
You may also file for a claim if the school’s negligence injured a student. The school may be liable for unsafe equipment and poor electrical wiring, leading to accidents. Negligence happens when the school fails to repair and maintain its property. Also, school staff who intentionally endanger students can be held accountable.
Before filing a lawsuit, gather enough data and have supporting medical reports to build a strong case against the school. Your lawyer will help you gather evidence by interviewing other students and personnel who might provide insightful information for your case.
The school district will not be liable under the following circumstances:
- Injuries sustained during sporting activities in the school
- Injuries sustained on school property outside school hours
- Injuries sustained on school property outside school activities
How to File a Lawsuit Against the School District
Below are the steps to file a personal injury claim against the school district:
- Check the administrative body governing your school. Does a private organization run the school, or is it a public school? The procedure for filing a claim against a private school is the same as for a private company.
- Check the government entity running your child’s school if it is a public institution. Schools may fall under city, country, or state governments. Ensure you meet all the requirements for filing an injury claim against the school district.
- Hire a lawyer and, with their help, fill out the government claim form. This step is crucial, and excluding it could be detrimental to the entire process.
- File a lawsuit within the statute of limitations. This is the timeframe within which all personal injury claims must be made.
Final Thoughts
The school district has governmental immunity, which bars parties from filing any claims. However, there are certain situations where the school can be held responsible, such as when the accident is caused by negligence or when a certain amount of hospital bills is exceeded.
You will receive compensation for medical bills, pain and suffering, physiotherapy, and counseling from the accident. Keep any medical reports and receipts safe, as they will be used as evidence. Also, make sure to attend all doctor appointments, as your case might be dismissed if you miss appointments.
“Before filing a personal injury claim against a school, speaking with a lawyer could help. They will evaluate your case and help you gather evidence that will work in your favor,” says accident attorney Ronny Hulsey.
