Texas law makes it difficult to hold a school liable for your child’s injury, but you may still have options for compensation to help you pay medical bills and cover other damages. In general, it is an uphill battle to hold a public school liable for the injuries of a student, even if they occurred because of a teacher or administrator’s negligence.
The Houston personal injury lawyers at D. Miller & Associates, PLLC, can help you understand your rights and the applicable laws that may allow you to recover compensation after your child was injured at school. Call us today for a free case evaluation. We offer free legal assistance. If we believe you have a viable claim, we will handle your case on contingency. You pay nothing until we recover a payout for you. Call us today at 713-850-8600 to get started.
Can I Sue a Public School?
In the vast majority of cases, you cannot sue a public school to collect compensation for the injuries your child suffered. While each case has its own circumstances and laws that apply, sovereign immunity doctrines prevent you from holding a school liable for the negligence of its employees.
The Texas Tort Claims Act allows people whose injuries occurred due to certain negligent actions to file a claim against specific government agencies, but most of these do not apply to a child who suffered injuries while at public school.
There may be rare instances when this type of claim is possible, or there may be other parties who you can successfully hold liable for your child’s injuries. Just because a winning lawsuit against the school is unlikely does not mean you should not reach out to a knowledgeable attorney about your situation.
Do I Need the Help of an Attorney?
Because it is incredibly difficult to pursue a claim against a public school, it is important to understand how the laws apply to your case before you make up your mind about taking action. Trying to file a fruitless claim is a waste of time and money, but you also do not want to miss out on a chance to collect compensation if it is available to you in some other way. This is why many people opt to discuss their case with one of our attorneys.
We can offer advice and support based on the specific details of your case. We will be honest and forthright with you. If we do not believe you have legal grounds for a lawsuit against the school, we will explain why. We may also be able to identify other liable parties and help you pursue compensation from them.
What If Someone Other Than the School Caused My Child’s Injury?
In some cases, there are other liable parties who caused or contributed to your child’s injuries and may be liable for the medical bills and other damages you suffered. Depending on how your child’s injuries occurred, there might be a number of liable parties who do not work for the school system.
Some of these might include:
- Outside visitors, such as parents or even school volunteers;
- The parents of another child who caused the injury;
- The manufacturer of defective playground equipment;
- A company hired to maintain playground safety;
- The maker of defective lab tools or chemicals;
- Athletic equipment manufacturers; or
- The manufacturer of your child’s clothing, if it played a role in the accident.
When we review your case, we can identify if a third party besides the school played any role in causing or contributing to your child’s injuries. If we can collect enough evidence to show their negligence caused the injuries, we can file a claim and fight for compensation on your behalf.
What If My Child Was in a Bus Accident?
School bus accidents are one major exception to the sovereign immunity that protects public schools in Texas from personal injury lawsuits. If your child’s injuries occurred because of a school bus crash, we may be able to help you file a claim against the school system.
It is important to act fast, however. While the statute of limitations gives you two years to file most personal injury lawsuits in Texas, you may have as little as 90 days to serve notice to a government agency after your child suffers injuries in a bus crash.
Can I Sue a Private School?
Sovereign immunity applies only to public schools. If your child suffered injuries at a private school and you believe a teacher or administrator’s negligent actions allowed the injuries to occur, you may have a viable claim. We can determine the strength of your case, offer advice on pursuing compensation, and file an insurance claim or personal injury lawsuit on your behalf.
How Can I Schedule a Free Consultation With a Lawyer?
If your child suffered injuries at school, the attorneys at D. Miller & Associates, PLLC, can help you understand if you have any options for compensation and help you recover any payout due to you. Call us today at 713-850-8600 to learn more.
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