Recent Incident in which LAUSD Failed to Provide Student with the Appropriate Medical CareA 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.
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The Duty that LAUSD has toward ChildrenLAUSD 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 ClaimAs 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 InjuryYour 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:
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- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
Important Timelines Applicable for Your ClaimWhen 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)
Contact Our Law FirmDid your child suffer a school injury while on LAUSD premises? Did your child suffer an injury while he or she was supposed to be under the care and supervision of LAUSD and their personnel? If so, you might have grounds to pursue a claim. If you would like to explore the possibility of filing a personal injury claim against LAUSD for contributing to the harm that your child suffered, do not hesitate to contact the experts at Downtown L.A. Law Group as soon as possible. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling a variety of claims and representing children and their families in claims against LAUSD. If you would like to explore the possibility of pursuing a claim against LAUSD and fighting for the right to receive monetary compensation, do not hesitate to contact our law firm as soon as possible. Our lawyers are ready to provide you with all the information that you need to file a claim against LAUSD.
Learn more about your legal options by chatting with a representative now.Many people hesitate to seek legal assistance because they are afraid of the many expenses associated with legal services. However, at our law firm, we are dedicated to ensuring that all the parties affected by school injuries have access to the legal assistance that they need. To make our legal services available to all, our firm offers free legal services – including free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to pursue your claim against LAUSD. If you are interested in discussing your claim with our attorneys and beginning or continuing your claim with the assistance of our experts, do not hesitate to contact Downtown L.A. Law Group as soon as possible. When you allow our lawyers to handle your claim against LAUSD, you can be certain that there will always be someone aggressively fighting for your right to file your claim and receive compensation. If you are ready to benefit from our attorneys, do not hesitate to contact us today. When you contact the lawyers at Downtown L.A. Law Group, you will likely be pleased to find that we provide free consultations and free second opinions – as mentioned above. These free legal services are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront legal fees for any of our legal services. Our firm is also based on a strict contingency structure; therefore, our clients will never be required to pay anything until after their claims reach successful outcomes. If you are ready to pursue your claim against LAUSD for the harm that your child suffered, do not hesitate to contact the school injury experts at Downtown L.A. Law Group as soon as possible.