Stuart School Accident Lawyer
Every day, parents entrust their children’s safety to schools, but accidents can and do happen. If your child has been injured in a school accident, Stuart child injury lawyer Lance P. Richard, P.A. can provide the legal representation your family needs to seek justice and compensation.
Most Common Injuries in School
The most common injuries at school include slip and fall accidents, sports injuries, playground injuries, and injuries from school bus accidents. These can range from minor cuts and bruises to more serious injuries such as broken bones, concussions, and in severe cases, traumatic brain injuries and even death.
School Responsibility for Accidents and Injuries
Schools have a legal duty to provide a safe environment for students. This includes proper supervision, maintaining safe premises, and ensuring that the equipment used by students, such as playground equipment or sports gear, is safe. When a school fails in these duties and a child is injured, the school can be held responsible.
Suing a School in Florida
In Florida, it’s possible to sue a school for negligence if your child is injured. However, the process can be complex as many schools are considered governmental entities with certain immunity protections. There are exceptions, however, particularly when a clear breach of duty has occurred. It’s crucial to work with an experienced personal injury lawyer to navigate these complexities.
Legal Procedure Following a School Injury
Following a school injury, the legal procedure can be complex and challenging, necessitating the expertise of a knowledgeable personal injury lawyer.
Firstly, seek immediate medical attention for your child. This step is critical not only for their well-being but also for legal reasons. The medical report will serve as vital evidence of the injury, its severity, and the subsequent medical costs.
Next, report the incident to the school administration. It’s crucial to document everything – the nature of the incident, where and when it happened, and any potential witnesses. This information will form a key part of your legal claim.
After taking these initial steps, reach out to a personal injury attorney. In Florida, filing a claim against a school, often a governmental entity, involves a specific procedure. You must provide a formal notice of the claim to the school and the State Department of Financial Services within three years of the incident. The governmental entity then has 180 days to investigate the claim.
Following the investigation, if the school denies your claim or offers a settlement that’s not satisfactory, you can proceed with a lawsuit. However, suing a school district or a governmental entity is quite complex due to their sovereign immunity. This is where the expertise of an experienced lawyer, Lance P. Richard, P.A. becomes invaluable.
Attorney Lance Richard helps you build a winning case by collecting evidence of negligence, documenting your child’s injuries and the impact on their life, and handling all the communication with the school, insurance companies, and representing you in court.
What if the Injured Child is a Minor?
Regarding school accidents and injuries, the question of who has standing, or the right to file a lawsuit, is important. In the case of minors, they generally cannot file a lawsuit on their own. Instead, a parent or legal guardian typically has the right to bring a lawsuit on their child’s behalf. This means that if your child has been injured in a school accident, as their parent or guardian, you likely have the right to seek compensation for their medical expenses, pain and suffering, and more.
In some instances, if the child’s injury leads to long-term disability or significant medical costs, a guardian ad litem may be appointed to protect the child’s interests in the lawsuit. It’s also important to note that if the child turns 18 during the legal proceedings, they could take over the lawsuit themselves.
Given the complexities of determining legal standing in school accident cases, it’s recommended to consult with an experienced personal injury attorney. At Lance P. Richard, P.A., we can guide you through these intricate legal details, ensuring your child’s rights are upheld throughout the legal process.
Liability for Children in Florida and Effects of Comparative Negligence
In Florida, the doctrine of comparative negligence applies, which includes minors as well. Comparative negligence means that if a party is partially at fault for their own injuries, their recovery will be reduced by the percentage of their fault. However, when it comes to children, the standards of what constitutes negligence differ from adults.
Under Florida law, children under the age of six cannot be held legally responsible for their actions and cannot be found negligent. For children between the ages of six and eighteen, standards of negligence do apply, but these are compared to what a reasonable child of the same age, intelligence, maturity, and experience would do under similar circumstances. This standard recognizes that children may not fully understand the consequences of their actions and should not be held to the same standard of care as an adult.
If your child has been involved in a school accident and there’s a question of contributory negligence, it’s important to speak with a knowledgeable personal injury lawyer. At Lance P. Richard, P.A., we have extensive experience in dealing with these types of cases and can work to ensure your child’s rights are protected. We understand the nuances of Florida’s negligence laws, including how they apply to minors, and we’ll fight to ensure your family receives the compensation you deserve.
Contact Lance P. Richard, P.A.
At Lance P. Richard, P.A., we understand how devastating a school accident can be, not just for the child but for the entire family. We aim to ease your burden and provide the support and representation you need during this difficult time.
Don’t delay in seeking legal help after a school accident. Contact Lance P. Richard, P.A. today to schedule a free consultation to discuss your case. Our team is ready to fight for the justice and compensation your child deserves.