LAUSD Liability after Failure to Provide Adequate Medical Care
Did your child suffer an injury while he or she was supposed to be under the care and supervision of LAUSD? Did the injury that your child suffered worsen significantly because school staff failed to provide your child with adequate medical attention? If so, you might have grounds to pursue a claim against the school district. If you would like to learn more about the possibility of pursuing a personal injury claim against LAUSD for the harm that you suffered, do not hesitate to seek legal assistance with the experts at Downtown L.A. Law Group as soon as possible. Downtown L.A. Law Group is a personal injury law group with many years of experience handling different types of personal injury claims, including school injury claims against recognized school districts. LAUSD is the largest school district in California and the second-largest school district in the U.S. However, our experts are not intimidated by this fact. We are ready to evaluate your claim and hold LAUSD accountable for the harm that your child suffered. If you would like to explore the possibility of filing a lawsuit against LAUSD, do not hesitate to contact our firm immediately.
Recent Incident in which LAUSD Failed to Provide Student with the Appropriate Medical Care
A recent claim against LAUSD resulted in a $9.5 settlement. According to the claim’s detail, a child was dropped on his head by another student. The school disregarded the seriousness of the child’s injury. The child was sent to the office and back to class numerous times before a parent was finally called to pick him up. Unbeknownst to school staff, or anyone else, the constant walking between the school office and the classroom was actually making his injuries worse. When his parent took him into the hospital for an evaluation, medical professionals established that the brain injury the child suffered was so severe that he would have slipped into a coma had treatment been delayed any longer. Ideally, the school should have had the student evaluated by the school nurse, followed by an evaluation by emergency personnel. On the other hand, the school could have contacted a parent immediately to allow the parent to seek medical attention for the child. Because the school failed to take the harm the child suffered seriously, his medical care was delayed – something that ultimately worsened his condition.
The Duty that LAUSD has toward Children
LAUSD has a specific duty of care towards all children. They must exercise care to ensure that children do not suffer any harm. Without a doubt, accidents can happen. When accidents happen and children are harmed in one way or another, it is the duty of the school personnel to address the situation to ensure that the injured student gets the care that he or she needs. Schools usually deal with minor and superficial injuries like scrapes, for example. If a child scrapes his or her knee or elbow after a fall, the child should be seen by the school nurse for a band-aid to cover the wound, at least. If a child falls and suffers what is thought to be a sprain, the child should also be seen by the school nurse and be allowed to ice the sprain. If the sprain seems severe, a parent should be called immediately and allowed to take his or her child to the hospital. In instances in which injuries are life-threatening – like a head injury – school personnel must take action immediately and contact emergency services to ensure that the child receives prompt treatment. When LAUSD and school personnel fails to address the harm that children suffered, they are creating the risk of the children’s harm worsening due to a lack of action. If you would like to learn more about the specific duty that LAUSD has towards children, do not hesitate to seek legal assistance with the experts at Downtown L.A. Law Group as soon as possible.
The Right to Pursue a Claim
As mentioned above, LAUSD has a duty towards the children. When this duty of care is breached (i.e. there is a failure to take action to provide proper medical care after a school injury), there is a risk of children’s condition worsening. If you can prove that the school negligently failed to ensure that your child received the medical care that he or she needed leading to a worsening condition, you will likely have grounds to hold the school district liable for the harm that your child suffered. What does this mean? This means that you will likely have grounds to pursue a claim and fight for your rights – and the rights of your child – against LAUSD. If you would like to learn more about your right to file a claim against LAUSD for the failure to provide your child with appropriate medical care after an accident, do not hesitate to seek legal assistance with the experts at Downtown L.A. Law Group at your earliest convenience.
Your Right to Recover Compensation for Your Child’s Injury
Your child was harmed because LAUSD failed to take the proper action after becoming aware of an accident. Now, what? You will likely have grounds to sue; could you also have grounds to receive compensation? Your right to receive monetary compensation for the harm that your child suffered depends strictly on the details of your claim. If you are eligible to receive monetary compensation, some of the categories of compensation available for recovery might include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
If you would like to learn more about the specific compensation that you might be eligible to recover if your school injury claim against LAUSD reaches a successful outcome, do not hesitate to contact our experts as soon as possible. Our lawyers are ready to evaluate your claim and help you gain a thorough understanding of the specific compensation that you could recover. Because we have a thorough understanding of the value of your claim, our experts will not rest until you receive the maximum amount of compensation available for your claim. You can trust our lawyers to fight for your right to be compensated.
Student Injury Attorney: School Accident Liability Lawyer
Important Timelines Applicable for Your Claim
When considering the possibility of filing a claim against LAUSD for the harm that your child suffered, it is essential that you have a thorough understanding of the statute of limitations that applies to your claim. A statute of limitations establishes the specific length of time that claimants have to pursue their claims. If claimants fail to file their claims within the appropriate statute of limitations, they will lose their right to sue. Are you willing to lose your right to sue based on a lack of information? If not, consider the following key points:
- Government claims are subject to a strict 6-month statute of limitations
- Personal injury claims are generally subject to a 2-year statute of limitations (exceptions apply)
LAUSD is a government entity; therefore, claims against LAUSD must be filed within the six months allowed by the specific deadline. However, if claims are denied by LAUSD, claimants will have the option to pursue a civil lawsuit against the school district. When this happens, the claim will be subject to a different statute of limitations. Because failing to understand the statute of limitations could result in losing the right to sue and receive compensation, it is essential that you seek legal assistance immediately. The school injury lawyers at Downtown L.A. Law Group are ready to provide you with all the information that you need to better understand the deadline that applies to your claim. Do not hesitate to contact our lawyers immediately.
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