Personal Injury to a Student at School

Compassionate Carmel Injury Attorneys Serving Central Indiana

Personal injuries can be very frustrating experiences to endure, especially when it is a child who is the victim. Even more so, when a student suffers an injury under the supervision of their school or school employees, the case can become very complicated. Not only are parents upset, but students may fear returning to school for safety and emotional reasons. From sexual and physical abuse to slip and falls and transportation accidents, injuries can occur in variety of situations. The moment you learn of such injuries, you should take action to report it and call on an Indianapolis personal injury attorney.

At Hollingsworth & Zivitz, we put our clients first in each and every case. We can help you answer questions you have on your child’s injuries and provide the dedicated counsel you need to resolve your claim. Our education law team has years of insight and experience and can use this to assist with your situation. Set up your consultation today to get the guidance you need during this challenging time!

What is considered a personal injury at school?

Both public and private schools are susceptible to legal action from injured students. This includes colleges, universities, and other institutions. When students are injured due to the negligence of school employees or lack of security, the school can often be held liable for any related damages. However, there is a statute of limitations on these types of cases, which is why you should consult with our firm promptly. At Hollingsworth & Zivitz, we are equipped to deal with matters that involve various educational and personal injury laws.

Some of the most common types of school injury claims we deal with include:

  • Sexually molestation from another student, teacher or staff member
  • Head injuries due to playing sports or as a result of defective equipment
  • Assault by another student, teacher or staff member
  • Restraint of a non-verbal student for excessive periods of time
  • Involuntary confinement of a student for excessive periods of time
  • School bus or other transportation accidents
  • Force-feeding and other inappropriate actions of special needs students
  • Residential facility abuse

Common Questions on School Injuries

My child was injured at school. What should I do?

First, you should do your best to write down as many details as possible from your child’s incident. Take pictures and keep all medical bills and records. The more evidence you have, the stronger your claim will be in the future. Next, make sure you report the incident to school officials as soon as possible. The quicker you act, the better. If they do not respond appropriately, you may need to take further legal action.

What should I do if I suspect my child is being abused at school?

Sadly, abuse can be common at school and may often go unnoticed for significant amounts of time. If you believe your child is being abused, whether verbally, sexually, or physically, you should act quickly to report the incident to your school. Do your best to document all physical evidence and write down events as you have been told by your child or others. If you can collect witness testimony, this may also be helpful. You should hire a legal advocate who can thoroughly investigate matters on your behalf.

How much will you charge for representation?

At Hollingsworth & Zivitz, we work on personal injury cases on a contingency fee basis. This means that you don’t pay a single legal fee unless we win your case. We can discuss percentages and other costs when you come into our firm to go over your situation.

How much is my child's case worth and how long will it take?

Determining the value of the case beforehand can be nearly impossible. There are countless factors that will play into this, such as the extent and type of injury your child suffered, the length of time the injury or abuse took place, and the school’s response to the incidents. Specifically in Indiana, there is a statutory cap on the amount of damages a school will have to pay, which is currently $750,000. There are some circumstances when this may not apply though, so it is important for you to discuss your case with a lawyer right away.

Similarly, trying to guess how long a case will last can be very difficult. This will depend on how quickly evidence and a claim can be filed, whether the school is willing to settle or forces a case to go to court, and how long it takes the jury to decide if it does go to court. Overall, the more complex a case is, the longer it will likely take to be resolved.

Still have questions about your child’s case? Our firm is here to help. Contact us today for legal representation!

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