If your child has been injured at school, it’s crucial to take immediate and appropriate steps.

Step 1: Document the Incident

Firstly, document the incident with the school administration, take photographs of the scene, note down any witnesses, and seek immediate medical attention for your child.

Step 2: Understand the Circumstances

The location and time of the injury are important. If the school was in session and teachers were supposed to be supervising, it strengthens your case for negligence. However, if the injury occurred outside of supervised hours, proving liability becomes more challenging.

Step 3: Identify the Type of School

The process differs for private and public schools. For private schools, your lawyer would need to notify the school’s insurance company. For public schools, you must follow a specific process:

Write a Notice: Your lawyer will have to inform the state agency involved and the Department of Financial Services (DFS) about your claim in writing within 3 years of the incident.

Serve the Notice: The notice must be served to both the agency involved and DFS.

Understand the Limits: The maximum recovery is $200K per person or $300K per occurrence. If your claim exceeds these limits, you’ll need to go through the claims bill process for the excess amount.

180 Days Investigation Period: Your lawyer will attempt to negotiate the claim for a successful settlement resolution. There’s a 180-day investigation period after filing your claim during which you can’t file a lawsuit unless your claim is denied.

Remember, it’s crucial to adhere to these steps as outlined in s.768.28, F.S., otherwise your claim could be dismissed.

If your child has been injured at school, don’t hesitate to contact your lawyer Alex for assistance with securing compensation for their injuries.