What Families Should Know When a Child Is Injured at School

A child gets injured at school — and suffers a serious injury. Now what?

Parents are left scrambling for answers. Who is responsible for this? What about the child’s future?

School should be a safe place for children. But in reality, injuries occur every day across America. Knowing what to do next can help families — and give children the best chance to recover.

Below are answers to some commonly asked questions about school injuries. From how to protect legal rights to how long families have to take legal action.

Here’s what’s covered:

1. How Common Are School Injuries?
2. Does the School Have a Legal Duty of Care?
3. When Should Families Call a Trial Injury Lawyer?
4. The Most Common Types of School Injuries
5. Steps to Take After a Child Is Injured at School
6. How Long Do Families Have to File a Claim?

How Common Are School Injuries?

You might be surprised at how often these accidents occur.

Nearly 2.4 million people were transported from school to the hospital between 2017 and 2021. Keep in mind this statistic includes a year where schools were mostly empty due to remote learning. These injuries aren’t isolated accidents. They happen to school aged children every day.

Here’s another stat to know…

School injuries account for approximately one-fifth of all pediatric injuries. That’s right, school injuries are the second-leading cause of injury for children. Behind only injuries that occur at home. Sprains and bone fractures account for over one-third of these injuries that cause emergency department visits. And nearly 30% involve the head or face.

School injuries are far too common, and they are not always accidents.

Does the School Have a Legal Duty of Care?

When a child gets hurt at school, families want to know…

Did someone do this on purpose? Who’s responsible for the child’s recovery?

While intentional injuries can occur, many times schools are legally responsible for the injuries that happen on their watch. This is called duty of care.

Schools have a duty to provide a safe environment for their students. That means they must take reasonable steps to prevent harm. When schools don’t do this, they can be held accountable for the results.

And this is exactly why families need a trial injury lawyer. A personal injury law firm in Detroit can investigate the circumstances around a child’s injury and determine if the school was negligent in their duty. If so, they will build a case based on the child’s specific injuries.

Without legal help, schools and their insurance companies have teams of lawyers working against families from day one.

When Should Families Call a Trial Injury Lawyer?

Not every injury at school will need a lawsuit. But families will need a trial injury lawyer if:

• Someone was negligent or reckless in some way
• The school is making it difficult or refusing to take responsibility
• The child’s injury requires future medical care
• There was intentional harm or child abuse
• Notice has been received from an insurance company

Don’t let the school’s lawyers and insurance companies take advantage of families in a vulnerable position.

While a child recovers from their injuries, schools and insurance companies are working hard to minimize their liability. That means lowering the value of the case.

A trial injury lawyer will even things out. They work for the family. Their job is to help recover maximum compensation for a child’s injury.

The Most Common Types of School Injuries

With schools open and students back in the classrooms, injury statistics are worth knowing.

Falls are responsible for 85% of elementary school injuries — slip and falls, broken playground equipment, unsafe stairs and many other careless oversights by schools are responsible. These are the easiest accidents to prevent.

However, there are other types of injuries that children face in school every day. These include:

• Fractures/broken bones — Falling off playground equipment is the leading cause. Having arms out to break a fall is instinctual, which is why nurses see so many broken wrists in children.
• Concussions/head injuries — Often seen in falls and contact sports. Also common with schools that allow kids to roughhouse without supervision.
• Sprains and strains — Another injury that can happen during PE, recess or sports. Jumping rope, playing basketball and running can cause ankle and knee injuries very easily.
• Cuts/lacerations — Can occur when furniture breaks, equipment rusts or boxes are left in walkways.
• Assault — Bullying and violence at school can cause serious injuries too. Schools have a responsibility to prevent these attacks when possible.

Any of these injuries can become a legal case if the school was able to prevent them. A trial injury lawyer will not only fight to recover damages for the injury itself, but find out why the child was put in danger.

Steps to Take Immediately After an Injury

The best time to call a lawyer is before a child gets hurt. But that’s not always possible. Here’s what to do if a child is injured at school:

1. Get medical attention and records for the child’s injury.
2. Make sure the injury is reported to the school in writing. Get details like date, time, and where exactly it happened.
3. Take photos of the injury, as well as any related equipment or areas.
4. Gather the names of anyone who saw what happened. This can be school staff or even other students.
5. Do not agree to or sign anything from the school or their insurance company.
6. Call a trial injury lawyer immediately to discuss the child’s legal options.

Each of these steps is important for filing a successful school injury claim.

How Long Do Families Have to File a Claim?

Here’s one thing every parent should know before wrapping up…

Every state has a time limit for filing personal injury claims. This is called the statute of limitations.

In Michigan, that time period is three years. However, because public schools are government entities, there are shorter notice of claim deadlines as well. Some injuries only give families 60 days to put the school on notice.

These time limits are strict. Just because a family wasn’t aware doesn’t mean the court will extend it for them.

That’s why it’s crucial to talk to a trial injury lawyer as soon as possible if a child is injured at school.

The Bottom Line

Every day children suffer preventable injuries at school. And those injuries can change their lives forever.

Here’s what parents need to remember:

• Schools have a legal duty of care. They can be held responsible if they don’t live up to that duty.
• Just because an injury happened at school doesn’t mean it was anyone’s fault. But negligence is always a possibility.
• If it’s unclear whether negligence occurred, talk to a trial injury lawyer.
• Time is not a friend in these situations. Schools and their insurance companies move quickly to limit their liability. Don’t delay.

It’s the job of every parent to protect their children — and that includes after an injury at school.