Making a claim after your child is injured at school

By Steven Miller
Senior Partner

When you send your child to school, you do so will the expectation that they will be kept safe from harm. All teachers and school workers should be trained on safety, and children should be monitored at all times. If your child became injured while at school, in addition to being upset you may also be wondering whether the school itself is to blame.

It can be possible to hold a school legally liable for the injuries that your child suffered, especially when you had to pay costly medical bills as a result. Your ability to make a legal claim against the school does not necessarily relate to the seriousness of the injury, but to the expense of the medical bills.

For example, you may wonder if you are overreacting by considering a legal claim over a minor injury. However, if that injury proved to be financially costly, there is no reason why you should not consider seeking reimbursement.

Considering whether the school is at fault

Your first priority should be ensuring that you child receives the medical attention that they need. After your child has recovered, you can then take the time to consider who was at fault for the incident.

It is important to be honest with yourself and ask whether you think that the school could have realistically prevented the accident. Your child’s age will also be an important consideration. If your child is in elementary school, they should be subject to constant supervision. However, if they are in high school, they are more responsible for the consequences of their actions.

What should I do before filing a claim?

If you decide to file a claim, you should try to ensure that you have sufficient evidence. This may be difficult to do, because you were not at the scene of the accident. However, you may be able to get statements from other people who did witness the incident.

It is important that you do not automatically accept the occurrence of the incident, and that you take the time to consider whether you want to file a personal injury claim.

About the Author
Steven Miller, Esq. is the founding member and Senior Partner in Miller, Montiel & Strano, P.C. Mr. Miller’s extensive career as a trial attorney spans five decades. He tries cases for the catastrophically injured victims of construction site accidents, motor vehicle and premises accidents caused by the negligence of others. Mr. Miller is a detail oriented, tenacious attorney committed to achieving the maximum results for his clients; he has obtained numerous seven figure verdicts and settlements.