How to Claim for an Accident at School in New York?
When your children go to school, you usually anticipate them to be safe during the day because you trust the school to look after them. Unfortunately, this is not always the case, and children may be hurt as a result of a lack of supervision or other forms of institutional carelessness. If this is your case you can file a school accident injury claim to receive compensation for the injuries your child sustained. You can sue the institution or an individual employee, depending on the nature of the accident or harm. For example, if a teacher, coach, or other member of the staff assaults a student, they can be held liable for the damage the student incurred. Accidents that occur in school premises or during a school-sponsored activity, on the other hand, are entirely the responsibility of the school. Filing a lawsuit against a public school might be more complicated than other cases, but with the proper guidance of an experienced lawyer you can increase your chances of getting compensation. The following are some steps you should take when filing a school accident lawsuit. Keep in mind that this legal process is for public schools (for private schools the procedures may differ, experienced school accidents lawyers can properly guide you).
- The first thing you have to do is to submit a “notice of claim”. The fundamental goal of the notice of claim requirement is to notify municipal bodies of prospective claims as soon as possible, giving them enough time to investigate the circumstances and merits of the claim while witnesses, records, and other evidence are still available. This has to be done in less than 90 after the school accident.
- Once you have submitted the notice of claim and you have ensured with a lawyer that all paperwork is correct, you or your child will be interviewed. This interview is called “50-H Hearing”. The purpose of this hearing is to expose the case to the Department of Education. Depending on the accident and the injuries sustained by the minor, the school district may require to examine the kid’s injuries.
- After the hearing, the school must suggest a settlement in less than 30 days. To make the best decision, you’ll need to carefully examine the offer with the help of an attorney. Accept the offer if it fully covers the costs associated with the accident. If the offer isn’t fair, you can proceed and file a lawsuit against the institution, and the case will be handled similarly to most other court matters.
After a School Accident in NYC, Who is Liable For My Child’s Injuries?
Schools are responsible for ensuring that school premises are safe for students, that all of the staff hired is qualified to supervise children, that pupils are protected from bullying, and that the food given is safe to eat. When a minor is injured in an accident caused by the school’s negligence in any of the previously specified areas, it is referred to as a school accident, and the institution can be held accountable. Therefore, parents can demand compensation for medical bills, pain and suffering that the kid had to go through and loss of future income (in case it applies). Nonetheless, there are other cases where individuals can be held responsible for malicious actions against a kid. For example, if a student is physically or sexually assaulted by a teacher, coach or other staff member, tutors can file a personal injury lawsuit against this individual. Yet, even in these circumstances, the school can bear some responsibility because it is their obligation to guarantee that their staff is qualified to work with children and is mentally capable.
What Are The Most Common Accidents That Happen at School?
Here is a list of some of the most common school accidents for which school injury claims can be filed.
- Playground injuries: Schools must ensure that everything in their playground is safe for children, that it is in good working order, and that it complies with all safety laws. Another element that schools must consider is the amount of adults who are responsible for monitoring the children while they are playing.
- Slip and fall accidents: The institution is responsible for keeping all surfaces where students walk in proper conditions. That means no ice, water, or other substance should be present that could cause a youngster to fall. Furthermore, access to areas that are not suited for children must be restricted and clearly marked.
- Sport injuries: There must always be supervision from coaches or other staff members during sports and outdoor activities. In addition to that, equipment and facilities such as gyms must receive the correct maintenance to ensure that it is a safe place to exercise.
- School bus accidents: Buses must meet the minimum requirements of safety to be able to transport children. Schools must also hire qualified and responsible bus drivers. The manufacturer may be held liable if the bus malfunctions due to a factory flaw.
- Food poisoning: The kitchen must be hygienic and the staff must ensure that all food served is not expired.
- Bullying: Schools must guarantee parents that their children will be protected from any form of bullying. Supervision is crucial to prevent fights between students.
What Are the Different Types of New York School Injury Claims?
Accidents can be divided into four major categories.
- School premises injuries: This includes all injuries that can be prevented by ensuring that the facilities are safe for students.
- Inadequate hiring: Before hiring someone, schools must thoroughly investigate their background. Some accidents occur as a result of persons supervising minors who are not qualified to do so.
- Insufficient supervision: There must be enough adults supervising students at all times according to the situation. For example, the maximum number of children that a single adult can supervise during recess is 35, any number above that could be considered insufficient supervision.
- Lack of security: If a school is located in a risky location, various security measures must be implemented to prevent students being harmed.
Contact a NY School Injury Lawyer for Protection of Your Children
The safety of our kids is something that has to be taken seriously. If your child has been injured at school as a result of negligence, it is safe to assume you want to see justice served. At Greenberg & Stein P.C. We know how important your kids are, for that reason our experienced team of school accident lawyers will do everything in their hands to ensure that you receive fair compensation for the injuries or psychological damage that your kid might have experienced. We have helped countless families to fight for their rights when schools fail to take proper care of our children. Our legal team has handled all kinds of school injury claims and have also recovered millions of dollars for the victims. Contact us at 212-969-8770 to schedule a meeting with one of our attorneys to review your case and provide more information about your legal options.