Special Education Student Injury Lawyers

There are many different incidents that can occur at schools that could lead to injuries to disabled students. Some examples of these incidents that could occur could include the following:

• Slip and fall accidents
• Trip and fall accidents
• Falling object incidents
• Falling down steps/stairs
• Tripping up steps/stairs
• Assault and battery
• Sexual assault
• Parking lot incidents
• Pedestrian accidents
• And more

These incidents may occur due to unsafe conditions in the school, negligent hiring or training of staff, inadequate supervision, and even the failure to properly implement plans for students. No matter the specific cause of the incident, injuries can occur – and the school district could be liable.

Without a doubt, these incidents could lead to a number of injuries. Some examples of these injuries that could occur could include the following:

• Head injuries, including concussions and traumatic brain injuries
• Broken teeth, broken jaw, broken nose, etc.
• Neck injuries
• Back injuries
• Shoulder injuries
• Hip injuries
• Pelvic injuries
• Knee injuries
• Fractures, including broken ribs, broken arms, etc.
• Dislocations
• Lacerations
• Scrapes and bruises
• And more

No matter the injuries that your child sustained, it is important that you explore the legal options available to you and your family.

In California, liability for injuries to special education students at schools depends on multiple factors, which can include negligence (duty of care and breached duty of care) and compliance with special education laws.

In general, California schools (and their school districts) have the duty of care to provide their students with a safe environment. Of course, this applies to students with disabilities. If a special education student is injured due to the school districts’ negligence or even the failure to provide the student with appropriate accommodations, then the school district could be liable and could be sued.

Let’s review the different circumstances in which school districts could face liability:

• Failure to keep the school premises safe (specifically, failing to identify and address hazardous conditions, like wet floors, leaks, broken tiles, torn carpeting, etc. that could lead to incidents and injuries). This includes failing to address instances of bullying or abuse, which could escalate and cause significant harm.
• Failure to properly supervise students (many special education students require constant supervision by a teacher or staff or must be always accompanied by a support person)
• Negligent hiring, training, or supervising of staff (resulting in staff intentionally harming the student)
• Failure to implement plans and providing students with necessary support/accommodation resulting in injury (examples of plans may include IEPs or 504 plans)

Yes, parents can certainly file lawsuits against the school district if their child is injured either as a result of negligence or as a result of the failure to meet legal obligations under special education laws. Examples of special education laws include Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA).

So, what type of claim can you pursue? The answer to this question will be based on the factors surrounding the incident. For instance, if the incident occurred because of the school’s failure to keep their premises safe and address unsafe conditions, then you could pursue a claim on the basis of negligence. If the incident occurred as a direct result of the school’s failure to adhere to special education laws, then you could file a claim based on the violation of IDEA or Section 504. If the incident occurred as a result of discrimination, then you could file a claim based on the violation of your child’s civil rights.

If you are filing a lawsuit against the school district, you will need to file an administrative claim first, since the school district is a government entity. If the incident occurred due to the failure to implement an IEP or other educational plan for a disabled student, then parents may need to go through a separate process before being able to file a lawsuit in court. If you find yourself unsure of what you should do or what type of claim you should pursue, contact us today. Our special education student injury attorneys are ready to guide you every step of the way.

• Doe v. Petaluma City School District (1993) – the court ruled that the failure to prevent known instances of bullying could result in liability under both Section 504 of the Rehabilitation Act and Title II of the Americans with Disability Act.
• Castaneda v. Olsher (2007) – the court held that schools have the duty to protect students from foreseeable harm. This duty to protect extends to special education students who may be even more vulnerable to harm due to their disabilities.
• M.N. v. Katonah-Lewisboro School District (2013) – the court found that the school staff’s failure to follow the student’s IEP and behavior intervention plan, leading to serious injuries as a result of improper restrain methods, constituted negligence.

These are just a few examples of case law that can be relevant to your case. For more information on past cases and past results, do not hesitate to reach out to our legal team as soon as possible.

Yes, you could be entitled to receive compensation. Some of the different categories of compensation available for recovery could potentially include the following:

• Medical expenses
• Lost income
• Pain and suffering
• Funeral and burial costs
• Loss of consortium
• Punitive damages
• Treble damages
• Legal costs

Our team is fully committed to fighting for your rights and helping you recover the maximum payout available for your claim. Whether our team needs to negotiate to reach a fair settlement or take your claim to trial to reach a verdict, you can trust that our team will do everything necessary to secure the payout that you are owed. For information about the possible value of your claim and what you could be entitled to receive, contact us today.

After an incident involving your special education student, you should consider some of the following recommendations:

• Take photos of all visible injuries
• Seek medical attention as soon as possible
• Gather all relevant medical records
• Take photos of the scene of the incident, including the hazard or dangerous condition that caused the incident
• File a written report with the school and the school district
• If appropriate, file a report with local authorities
• Speak to witnesses and gather their contact information
• Gather any surveillance footage that captured the incident
• Seek legal help from a special education student injury attorney as soon as possible

Our team has decades of experience and is ready to provide you with the guidance that you need to pursue your lawsuit. We are not afraid to take on any school district for their negligence or for their violation of specifical education laws or civil rights laws. We are fully committed to protecting your child’s rights after an injury and ensuring that you are fairly compensated. Our legal team is dedicated to remaining accessible to all, so we offer free case evaluations. These include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions, address your concerns, and ensure that you have access to all the information that you need to pursue a claim. To schedule a free case review, contact us today!

Zero-Fee Guarantee: you will not be required to pay any upfront legal costs for any of our legal services. In addition, our team works on a contingency basis, meaning that our clients will not be responsible for paying anything if their claims are not successful. if you do not win, you simply will not be responsible for any legal expenses.

Contact us today to explore the legal options available to you!