Every day, parents across Indiana send their children to school with the expectation that they will return home safely. While schools generally prioritize the well-being of their students, accidents can and do happen. If your child has been injured while under the care of their school, you may be wondering if you have the right to pursue legal action.
Before delving into the process of suing a school, it’s vital to understand the concept of governmental immunity. In Indiana, public schools fall under this legal category. Governmental immunity shields public entities, such as public schools, from certain types of lawsuits. To determine whether you have a valid case, it’s crucial to consult with an attorney experienced in navigating governmental immunity laws.
Suing a public school or university poses a complex set of challenges and additional requirements due to this special status. If you intend to file a lawsuit against a public school, you must adhere to specific procedures, so retaining an experienced legal professional is crucial to ensure you meet these requirements. It’s worth noting that private schools, as the name implies, are private entities and are not covered by governmental immunity laws. Therefore, pursuing a child injury claim against a private school will involve a more traditional legal path.
To successfully sue a school for your child’s injuries, you generally need to establish negligence on the part of the school. Negligence implies that the school failed to exercise reasonable care, resulting in harm to your child.
In typical lawsuits, the statute of limitations begins counting down immediately. However, cases involving minors can introduce complexities and in some instances, the statute of limitations may be delayed until the child reaches a certain age. This ensures that justice can be sought even when injuries are not immediately apparent.
School-related injuries can lead to various types of lawsuits. These may include premises liability claims, personal injuries sustained from bullying, staff abuse or injuries related to extracurricular activities. The specific nature and validity of your case will depend on the circumstances surrounding your child’s injury.
Schools have a legal responsibility to protect students from harm and if your child has suffered a significant injury at school, you may, under certain circumstances, have grounds to sue for damages.
Contact our law firm to discuss your case and we will evaluate it at no charge to you. We have decades of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation.