What Are Your Rights If You or Your Child Are Injured?
Your child happens to be at school and gets injured. What then? As a parent, what are you and your child’s right to proper compensation? What if you get injured yourself? Well, thankfully there are a series of measures you can take to legally take care of the issue if you choose to go that route.
According to the NCDI, 14 million children are injured every year.
It’s important to know what your rights as a guardian are and what measures you can take to receive proper compensation.
Let’s look into it in more detail.
Since your child is a minor, you as the parent are responsible for the legalities. When and if your child or you get injured, the very first thing you should do is treat those injuries properly with your doctor. Then, after the injuries are on file and you have paper work for them, you can determine an amount of compensation on top of the medical costs for the amount of suffering caused. The same goes for you, the adult – first, take care of your injuries and make sure they are on file.
Be careful, as experts warn that “It’s fairly common for insurance companies to sneak in wording to grant a blank HIPAA release granting them access to your entire medical history, including any psychiatric treatment, in an effort to blame your injuries on pre-existing conditions or past incidents.”
According to Legal Encyclopedia, to be able to look at what your procedural options are you must ask yourself two important questions:
Was the act Intentional or was it due to negligence?
This is a helpful question to determine any claims and their circumstances.
You definitely don’t want to go into a potential lawsuit without being clear about what happened and who was involved and if it could have been prevented.
When it comes to injuries sustained at school, some things to consider are:
- Was it an accident?
- Was it an incident of bullying?
- Was the incident caused by a school employee?
Incidents caused by accidents and school employees you can possibly hold the school responsible for.
When it comes to damages due to bullying, you’ll likely be dealing with the parents and have them answer for the damages of their child.
Is the entity you’re suing public or private?
This is something else you have to take into account when thinking about getting compensation for medical bills and damages on top of that.
If it’s a public entity, that means you are technically dealing with the government, since public schools are funded by the government.
The procedure in that case is a lot more strenuous and can require meticulous procedures.
If the school is a private establishment, then the procedure can be a lot different and won’t have to do with the government since it is its own private entity.
The same goes for any individual who may be involved in an accident.
As a parent, it’s always good to be prepared beforehand and make sure you know what your options are in order to keep your child safe. You never know when you’ll be faced with a situation like this since children are constantly on the move and they are under constant supervision from someone other than yourself. This is especially true when it directly concerns your child and any damages done to them.
If you suffer an accident, it is usually clearer who is at fault and what is the next step as there are likely to be only two people directly involved.
It’s also important to note that the information in this article is not meant to substitute legal advice from a lawyer in any way.