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Statute of Limitations – School Injury Lawsuit

Statute of Limitations – School Injury Lawsuit A statute of limitations is the time limit an individual with a legal cause of action has to file a claim against an at fault party in the court of law. There are many different accidents and injuries which can take place in a school including, exposure to dangerous chemicals and substances, falls, school bullying, auto accidents involving school buses, and sexual assault. Students and adults over the age of 18 are entitled to compensation from all at fault parties which may include the school district. Every jurisdiction in the United States has a different statute of limitations pertaining to personal injury lawsuits. Failure to File a Claim within the Statutorily Designated Time Limit: A victim tight to receive monetary compensation for the harm suffered will be eliminated if there is a failure to file a claim within the statute of limitations designated by the jurisdiction where the case is to be tried.

Personal Injury Lawsuits Against Public Schools

For decades Public entities in the United States enjoyed public immunity from personal injury claims. Recent laws have waived the immunity government entities had. However there are certain restrictions placed against claimants against a government including a restricted statute of limitations. Under California law a victim of a personal injury or accident claim has 180 days (or 6 months) from the date of the accident to file an administrative claim with the public entity (ie school district). If and when the claim made against the school district is denied an individual has two years from the date of the injury to then re-file the claim in a civil court of law. Minor Status of the Injured Victim: The State of California provides deference to minors under the age of 18 who have suffered an injury due to the negligent on intentional actions of others. Under California law minors have two years from the date of their 18th birthday to file a claim in civil court. Personal Injury Lawsuits Against Private School: In the State of California a victim and an accident or serious injury has two years from the date of the injury to file a claim. Exceptions to the Statute of Limitations: In certain circumstances courts will allow for a temporary halting or tolling of a statute of limitations. Some of the most common instances where courts of tolled a statute include
  • Physical incapacitation of the injured party
  • Mental incapacitation of the victim’
  • Where the injury did not manifest itself until a later time after the accident had take place
Legal Questions: If you or a loved one has suffered from a serious injury in a school or by a school employee or vehicle feel free to contact our law offices toll free (855)385-2529. A consultation with a personal injury attorney from our law firm is always free and completely confidential. Further Information: Student Injury Lawsuit  

COMMENTS (6)
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I tried to have my son evaluated for mental/developmental issues when issues were first discovered, by other than myself, when he was in kindergarten. His mother has, since he was an infant, and even after he was finally tested (against her will), in high school last year, and found to have ADHD, severe learning disabilities, and social issues, refused to acknowledge that there is anything out of the ordinary going on with my son. He was finally evaluated because educators at his high school, after failing to get his mother’s consent, told me they only needed one signature to proceed with the evaluations. I signed on the spot. Results mentioned previously. I recently found out that the rule which requires only one signature to perform testing, also applies to grade schools. I have years of documentation, SSTs and other, that point clearly to the fact that I requested but was denied, while he was in grade school, to have him evaluated. My son has been bullied, and in many ways continues to be bullied since kindergarten, he struggles through school, through life, has become isolated and defensive… Evidence shows that early discovery and treatment are the most effective way to treat kids with learning disabilities and social issues, but my son was denied because educators at his grade school failed to tell me they only needed one signature. I have all kinds of paperwork that clearly states I asked for my son to be evaluated, but was denied because his mother, whose closest friends worked for the school (another aspect) refused. I would like to sue the district in order to provide compensatory education, and for attorney’s fees and court costs. Harm has been done because of the school’s negligence. I think they should be held accountable and I’d like to make public their behavior as well as the law of only requiring one signature to perform cognitive and social evaluations in school. Would you be willing to help me and my son?

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Is the limit i.e the 6 months period to file a suit after the school district denied the claim, extended by an appeal to that claim?? An appeal waa made to the state. The state made the school district conduct an investigation. The school did and then denied the claim again. Does the time to file suit start from the districts first or second denial. Thanks.

    Yes, you’re correct. However you can still get around the issues. We will call you to discuss.

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My daughter was injured at school on December 3, 2014
she was 12 years old
we did not discover all the problems until the last year
am I too late to file for compensation? She has a permanent lordosis of the cervical spine and suffers every day with excruciating pain. Please let me know!

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My daughter injured her right knee during PE participating in an unauthorized activity on Feb 27, 2017. Even the teacher stated they shouldn’t be doing it. Our doctor said it was just a sprain and after 4 months and my daughter still unable to straighten her knee completely we asked for a referral to see an orthopedic Dr and an MRI. We found out in September that she sustained a complete tear of the ACL and tears on both meniscus. She is 15. Can we still take legal action even though it’s past the 6 months? We were unaware it was an ACL and meniscus tear until later on since it was previously thought to be a knee sprain. Thanks.

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This past June my son was injured during a football practice and it was clear that the district does not have good protocols or policy. Then my son had a concussion in September and I now discovered that the coaches didn’t have their concussion certifications, the trainer falsified a SCAT test, and my son was “cleared” by that trainer and was then sent to football conditioning the next morning and a full day of school. I pulled him out of school (the father followed the school’s directive) and took him to his pediatrician who diagnosed him with a concussion. There are many other ways our district is negligent, obstructive, and in general does not have the child’s best interest. I think there is a statute of limitations. Any advice?

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