When you drop off your child at school, do you ever consider the possibility that he or she might suffer an injury during school hours? As parents, we need to believe that our children are safe while on school grounds. However, accidents can happen. Children can quickly get into trouble – and into dangerous situations – when not properly supervised. LAUSD has the duty to keep our kids safe and address any minor harm that they might suffer promptly to avoid complications. Unfortunately, school districts do not always do everything within their reach to prevent children from suffering any harm. If the harm that your child suffered was a direct result of the different failures of LAUSD, you might have grounds to pursue a claim against LAUSD. Are you considering the possibility of pursuing a personal injury claim against LAUSD for harm that your child suffered? After your child suffered an injury in school, you might have many questions – specifically questions about your right to take action against LAUSD. Could you sue LAUSD for the injuries that your child suffered? Is LAUSD accountable for the harm that your child suffered? Do you have the right to pursue a claim? For answers to all these questions, it is essential that you seek legal assistance with the experts at Downtown L.A. Law Group. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling many different types of claims and helping victims to recover monetary compensation. When you contact our law firm, you will find that we will provide you with the guidance that you need to reach a successful claim outcome. If you would like our lawyers to evaluate your claim, do not hesitate to contact our firm today.

LAUSD has a Duty towards Children

What duty does LAUSD towards the children on their premises? Perhaps most importantly, LAUSD has the duty to supervise the children – to ensure that they are out of harm’s way at all times. In general, there are certain rules and procedures in place to ensure that the children are not hurt. Rules as simple as prohibiting running in hallways and sending children to the nurse’s office upon even minor incidents all contribute to keeping the children safe. Other rules like ensuring that children are never left alone and unsupervised also contribute to keeping the children safe. Without a doubt, children can easily overwhelm adults, and the ratio of children to adults could be concerning. How could a handful of adults efficiently supervise hundreds of children in schools?

LAUSD Negligently Allowing Older Children to Play with Younger Children

As explained, LAUSD has a duty towards children. When LAUSD, their teachers, and all other staff members breach their duty towards the children, they are putting them at risk of suffering harm. When the failure to keep the children safe results in an accident and injuries (or even death), the district could be found responsible for the harm suffered. If you would like to learn more about LAUSD’s duty to care for your children, do not hesitate to seek legal assistance as soon as possible – our lawyers are ready to provide you with all the information that you need.

Could LAUSD be Liable of TBI Suffered by Student?

Consider the following situation. Students of different ages and grade levels are allowed to play together during recess time. One of the older students does something that injures the younger student. The supervisors that were supposed to watch the children during recess did not effectively do their job. They allowed older children to have access to younger children and they allowed an accident to happen under their alleged supervision. The student hit his head on the floor. He is sent to the office and back to class many times due to the claim that the harm is not severe before he is sent home. After a parent picks him up, he is medically evaluated and is determined to have serious injuries that worsened due to the delay in treatment. Once again, the adults in charge at the school failed the child and put him in even more danger by delaying medical care. The child is severely affected but makes a positive recovery after years of effort. Considering all the ways in which LAUSD failed the child in this instant, could LAUSD be liable for the TBI that the child suffered? Consider the following real example.

Recent LAUSD Lawsuit Settles for $9.5 Million

A child injury case against LAUSD recently settled for $9.5 million. When the student, Liam, was barely two weeks into the first-grade, an older student in a higher grade did something that would change his life significantly. During recess time at the school, the students were playing a game they call “Octopus.” A fourth-grade student picked Liam up and ran. The fourth-grader tripped over another student’s shoe and dropped Liam on his head. The fall resulted in Liam suffering a small skull fracture, as well as two small brain hemorrhages. Instead of responding appropriately and transporting the injured child to the hospital, the school severely downplayed the incident and the injury. The school responded by sending the child to the office, sending him back to class, sending him back to the office, and calling his mother to pick him up.

Child Injury Lawyer Los Angeles | Children Accident Attorney

The walking back and forth between class and the school office did not benefit the child at all. Rather, all the walking around the school campus resulted in increased bleeding and swelling of the brain. When Liam finally received medical attention, he had to be treated with a hypertonic saline solution used to control intracranial pressure – this prevented him from going into a coma. The trial was supposed to begin when Liam was still in the second-grade; however, it was postponed. By the time that Liam entered the third- and fourth-grade, the difficulties that he was encountering due to his brain injuries became more and more apparent. It became obvious that Liam was struggling. The defense claimed that any Liam’s struggles were caused by a genetic learning disability – dyslexia that was inherited from his family. Although the defense tried to make the effects of the TBI seem significant, they were not successful. The case eventually settled for $9.5 million. Although Liam continues to suffer the negative effects of his traumatic brain injury, he is living the life of a normal child. His brain injury did not impact with outward appearance. With dedication and a bit of extra help (tutors and SLPs), Liam is able to get god grades in school. He is even able to play sports albeit with certain precautions.

What Can Parents Do?

What can parents do if LAUSD fails to protect their children and keep them out of harm’s way? If your child suffered any sort of injury due to the negligence of LAUSD, you will likely have grounds to pursue a claim. If you could prove that your child would not have suffered any injury had LAUSD done their job and effectively supervised their students, you will likely pursue a claim. You might even be able to pursue compensation. You might feel hopeless afteor your child suffered an injury while under the alleged supervision and care of LAUSD. This is normal. However, you must never forget that your child has rights – and that you have rights. You have the right to pursue a claim against LAUSD for the harm that you suffered.

The Right to Recover Compensation

Do you have the right to recover monetary compensation if you pursue a child injury case against LAUSD? Depending on the specific details of the claim and how your child was affected, you might have grounds to recover compensation. Although every claim is different, some of the compensation that might be available for your claim could include the following:

• Medical costs
• Lost wages
• Pain and suffering
• Loss of consortium
• Funeral and burial expenses
• Punitive damages

Can my Child’s School Be Held Liable for Student Bullying

If you would like to learn more about the specific type and amount of compensation that you could recover if your school injury claim against LAUSD reaches a successful outcome, do not hesitate to seek legal assistance with our experts as soon as possible. When you allow our experts to handle your claim and fight for your right to recover compensation, you can be certain that our lawyers will do everything within your reach to ensure that you recover the highest amount of compensation available for your claim. To learn more about your right to recover the compensation that you deserve, do not hesitate to contact our lawyers today.

About the Timelines that Apply to Claims against LAUSD

If your child suffered any sort of harm due to LAUSD’s negligence or failure to protect the children, you will likely have grounds to sue. Your right to sue, however, is based on whether you file your claim within the appropriate length of time. A claim against LAUSD is considered to be a government claim. What does this mean? Government claims are subject to very strict timelines. In specific government claims must be filed within just 6 months of the date of the injury. Claimants must file their claims with LAUSD within the short 6-month period. If LAUSD denies the claim, claimants will then be able to attempt pursuing a civil lawsuit. Claimants will have 2 years to file their civil claim against LAUSD. If you fail to file your claim within the appropriate time frame, you could lose your right to sue; therefore, it is essential that you discuss your claim with our lawyers as soon as possible. Our attorneys will provide you with all the information that you need to gain a better understanding on the timelines that apply to your claim. For more information, do not hesitate to contact Downtown L.A. Law Group today.

Student Injury Attorney – School Liability for your Childs Injuries