Do You Need a School Injury Lawyer?
Most parents used to think of schools as places where kids are sent to learn and stay safe, but with all of the news headlines today, it’s easy to realize that sometimes isn’t the case. Bullying, neglect, injuries and even abuse are daily occurrences in schools across the country. It is schools have so many problems that can harm their students. Whether it’s enabling bullying, causing an injury or abusing a child directly, schools should be held responsible for the damages they create. As soon as you realize that your child has suffered an injury, you should contact a school injury lawyer as quickly as possible
Types of School Injuries
There are many types of injuries – both mental and physical – that can take place in school. Here are a few scenarios:
- Discrimination based on sex, gender, disability, religious beliefs or race (including discipline disparities).
- Bullying that is ignored or even encouraged by school officials.
- The school makes a disabled child sit out of some events because they are inaccessible.
- A child is harmed or injured during recess by another child or equipment.
- A child is injured using a playground or gym equipment.
- A child is injured while playing a school sport.
- A child gets a head injury on school grounds, such as after falling on a slippery floor.
- A child is injured while getting on or occupying a space on the bus.
- A teacher or other staff member has abused a child (physically, verbally or sexually).
- A child gets food poisoning from the school cafeteria.
- A child with a food allergy goes into anaphylactic shock after a teacher gives her cookies.
- A child drowns or gets an injury during pool activities at school.
These are just a few scenarios in which a child gets injured during the school day. Discrimination, bullying, abuse and neglect are severe problems in the school systems today, and it can be traumatizing for families when something like this happens. Having an attorney, or more specifically, a school injury lawyer, help you sort through the actions you can take will make the process less stressful.
Is it a Civil Rights Violation?
In the case of civil rights violations, you will need to report the breach in multiple ways. The state Department of Human Rights can investigate your claim while you work with your attorney to document your problems and develop a strategy. There is a one-year deadline to file complaints about human rights abuses, so you should do so right away with the help of your lawyer. You can also submit a discrimination complaint with the Department of Education’s Office for Civil Rights.
Civil rights violations are not uncommon. Minnesota schools have recently been found to have severe disparities when it comes to disciplining children. Children of color and children with disabilities often experience harsher discipline and unfair treatment at the hands of teachers and administrators. In fact, in Minnesota, a recent study done by the state Department of Human Rights showed that African-American students in public schools are eight times more likely to be suspended or expelled for their behavior than Caucasian students, even when disciplined for the same conduct. The disparities affected all children of color.
Discipline disparities are inherently harmful to the educational system and the children within it. Children of color and disabled children cannot be guaranteed their right to public education and equal treatment when they are continually being suspended or even expelled from school. Students of color are 31% percent of the population of Minnesota, yet compose 66 percent of suspensions and expulsions from schools. The state was supposed to take steps to make sure that the school administrator uses suspension and expulsion as a last resort, but this doesn’t mean that all schools are compliant. As recently as February 2018, several investigations into violations were still taking place as part of significant actions by the state Department of Human Rights.
Civil rights violations are a problem for LGBT children as well. Bullying for being gay is a common occurrence in schools and teachers may turn a blind eye, even when you file formal complaints. Transgender children often face humiliating choices when it comes to something as simple as using a bathroom. Getting a lawyer involved may help your child be treated fairly from now on.
If your child has been discriminated against by any Minnesota school, it’s time to fight for their rights. Contact a lawyer to learn what action to take and form a strategy for your case. Your child deserves to be treated with respect and have his or her needs met by the school just like every other child.
Types of Legal Actions
A personal injury lawsuit is entirely appropriate for any injuries that a minor suffers in school or under school supervision.
Parents whose child gets hurt during school, by a student, teacher or employee, on a bus or playground, in the course of bullying or any other time the school is responsible for that child’s welfare, can sue to recover medical costs and other damages. Parents can sue no matter what jurisdiction in Minnesota you reside in. This hasn’t always been the case in Minneapolis, but the State Supreme Court allowed for this in 2007, making it much easier for families to get the help they needed once an injury, trauma or tragedy has occurred.
Many times cases of injury, abuse, or neglect involve a variety of legal issues. For example, all students have a right to education. Actions like bullying are often treated as Civil Rights violations under the Federal law. For example, a transgender child who is isolated from other children during the day isn’t getting the educational experience that other kids are getting. Or, bullying based on race or religion may make it difficult for your child to concentrate on their school day.
Sometimes there is an action that you can bring against the school district on a Federal level. Your child also has rights under the Minnesota Data Practices Act. You may be eligible to bring claims for Minnesota Human Rights Violations and personal injury claims within the same lawsuit. A school injury lawyer can help you decide the best way to bring an action for compensation.
Minnesota school districts often have many resources available and will fight tooth and nail against personal injury claims. You need a lawyer that will help you fight, understands the various statutes of limitations, and enables you to get the corrections to school policy and practices that your child needs and deserves.
Getting Help With Swor & Gatto In St. Paul, Minnesota
If you’re thinking about filing a lawsuit or a human rights violation claim, you need a competent and professional attorney by your side. We have experience with school injuries, civil rights violations, and other allegations that parents make against school officials. We want to help you get the best outcome for your child. Please contact us to learn more about how we can help you going forward with your case. We will help you understand the different ways you can get justice for your child and make the process as easy as possible for you, so you can focus on the next step that’s right for you and your family.