Seeing your child struggling with an injury is unbearable. And the fact that the accident happened at school or daycare makes it worst. You trusted the teachers and other supervisors to watch over your child's safety, but it is their negligence which led directly to your child's suffering. Angry and distressed, you want justice, but you don't know where to start.
The first step you should take is to contact the compassionate New York child injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP. Our legal team is experienced in negotiating and litigating all types of injury claims. Bringing a lawsuit against a school can be a complex affair, but we have the knowledge and resources to simplify the process to your advantage.
For a free, comprehensive case evaluation, call (212) 986-7353. You may also submit an online contact form and we'll get back to you shortly.
An injury lawsuit against a school or a daycare can be based on a number of legal grounds. Below are the main types of school and daycare injury claim cases and their corresponding duties:
- Negligent Supervision: Schools and daycare centers must provide adequate supervision when children are turned over to their custody.
- Student-on-Student Assaults: When aware of potential fights or other incidents of physical assault, supervisors must take every reasonable measure to prevent them.
- Gym Injury: Physical activities inside the gymnasium must be well-supervised by qualified instructors.
- School Bus Accident: Bus drivers and monitors must ensure students are safe both inside the bus and at bus stops.
- Street Crossing Accident: Crossing guards must permit students to cross only when it is safe to do so.
A claim may also be based on the malicious or inappropriate actions of staff, insufficient security, defective equipment and other dangerous conditions neglected by administrators.
First and foremost, make sure both the school nurse and your doctor are aware that the injury took place at school so the appropriate reports are made. Also, don't forget to maintain records of all related doctor appointments, therapy and other medical care.
The next step is to start on the legal process. Consult with a lawyer you trust, and s/he should help you file a Notice of Claim with the municipality you intend to sue. In New York, you only have 90 days to file a Notice of Claim, so act as soon as possible.
To strengthen your claim, the resourceful NY personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP will conduct a thorough investigation of the circumstances surrounding your case, and interview school officials, medical experts, accident reconstruction specialists and other relevant professionals to gather accounts that could provide supporting evidence. To learn more about what we can do for you, contact our office today.
Lawyers at WRSH obained a $375,000 recovery for a 10 year old child who was injured in a schoolyard accident in which we alleged was in part caused by inadequate supervision.