New York City School Injury Lawyer

Parents and legal guardians should be able to send their children to school every day without being worried that they will suffer critical injuries due to another person‘s negligent actions. Unfortunately, this happens more often than you may think.

If your child has suffered injuries in an accident at school, you may be able to hold those responsible for your child’s suffering accountable. A New York City school injury lawyer at Dansker & Aspromonte Associates can help you with your case. 

For a free legal consultation with a school injury lawyer serving New York, call (646) 692-0204

How a School Injury Lawyer In New York City Could Help You

After your child has suffered serious injuries in a school incident or accident in New York City, you may be unsure of what to do next. Should you reach out to the school for help? Maybe you should call the police? The answers are not always clear. 

The good news is, when you work with a New York City personal injury attorney, you can receive the legal guidance and support you are looking for. Some of the ways your attorney can help you get through these difficult times include:

  • Obtaining records from the school about the accident or incident
  • Opening up an investigation into the accident to determine liability and causation
  • Gathering relevant evidence to support your case, such as photographs, video footage from nearby homes or businesses, police and accident reports, medical records, and more
  • Speaking with any witnesses, teachers, staff, and other experts regarding the school accident in question
  • Establishing whether incidents and accidents like these have happened before at the school
  • Preparing to negotiate with the liable parties and bring your case to court if necessary to recover fair compensation for your child’s suffering 

Although many families are hesitant to get help from an attorney because the thought of pursuing litigation is overwhelming, it may be the only way to hold those responsible for your child’s injuries accountable for their negligence or misconduct. Your family should be compensated for your child’s damages, and you can help them get the justice they deserve.

Possible Causes of School Injuries in New York

Many people struggle to understand how their child could have suffered catastrophic injuries at school. Sadly, there are several possible causes of school accidents and incidents, such as:

Of course, these are only a few possible causes and types of school accidents and incidents that may produce serious injuries. If your child has been injured in another way, one of our team members can help you find out what legal options may be available to you and your family.

Who Is at Fault for School Injuries in New York City?

One primary reason families are hesitant to take legal action after their child has suffered an injury at school is because they are unsure who may be responsible for their child’s injuries. 

However, multiple parties can be held responsible for your child’s safety and well-being while they are at school. Some of the parties that may be named in New York City school injury lawsuits include:

  • The Board of Education
  • Administrators
  • Coaches
  • Bus drivers
  • Chaperones
  • The school district
  • Teachers
  • School staff members
  • The school itself

Public School Injuries

Public schools are typically regulated by state school boards and their rules, and many state’s laws usually grant immunity to public school and their staff for particular injuries sustained by children while under the school’s care. What’s more, rules could require that notice be given to officials of the school prior to any action being taken against the facility. Sometimes, an action for injuries against a public school may be allowed, but there may be a cap on damages which limits how much compensation will be awarded to you. Notice requirements and time limits also determine such cases from ones that could be brought against private schools.

Actions taken against public schools need to be filed with administrative agencies, which can issue an award of damages for the child’s injuries. However, many states have very strict requirements regarding such procedures.

Private School Injuries

While private schools are not regulated by the exact rules as public schools, the operators and owners of private schools still have a duty to exercise reasonable care for the well-being and safety of children under their care.

Statute of Limitations for School Injury Claims in New York

When your family is ready to take action against the liable party, you need to be prepared to act quickly before the New York state statute of limitations expires. In general, cases against privately owned schools have a 3 year statute of limitations under CVP § 214.

However, cases against New York City public schools require that a Notice of Claim first be filed within 90 days of the injury and that you must also file your case within one year and 90 days of the injury. If you fail to file the Notice of Claim or Legal Complaint against The City of New York by the deadline, you could be prevented from recovering the compensation you deserve.

If your child is a minor, or in certain other situations, the statute of limitations may change. To find out how much time you have left to pursue your case, you will need to speak with a school injury attorney in detail about the circumstances of your case. 

It is also important for you to consult a lawyer as soon as possible after an accident so that evidence can be preserved before it is lost. Very often the strength of your claim will depend upon the amount of time that has passed since your injury.  

Call or text (646) 692-0204 or complete a Free Case Evaluation form

Work With a School Injury Lawyer in New York City

When someone else’s negligence or misconduct causes your child’s injuries, you have the right to demand justice. Get help with seeking the compensation your child is entitled to when you work with a New York City school injury lawyer at Dansker & Aspromonte Associates. We have been fighting for the rights of injured children since 1988.

Receive your free, no-obligation consultation when you give our office a call to get started on your case. If we accept your case, you will not have to pay us any money up front. We only earn our fees once you recover compensation.

Damages Available After a New York School Injury 

Children who are critically injured in New York school accidents have the right to be compensated for all of the ways their lives have been affected by their injuries. 

When adults suffer personal injuries at the hands of another, they are quick to seek restitution for their financial losses. But since children do not typically earn a living, you may not be aware of the various losses that they have the right to recover. Some of the different damages that your child could be awarded as part of their school injury claim in New York include:

  • Pain and suffering
  • Costs of mental health counseling
  • Medical care and equipment costs
  • Diminished quality of life
  • Emotional distress
  • Scarring and disfigurement 
  • Reputational damage

These are only a few of the possible economic and non-economic damages that are awarded in personal injury claims. Your attorney can help you determine how much your child could be awarded in your case.

Actions of Negligence

Actions against school employees, operators, and owners, can be brought as negligence against all the responsible parties involved for your child’s school-related injury. These injuries could be caused by teacher, other students, involve playground equipment, in-school equipment, bad food served in the cafeterias and at snack times, poorly maintained outdoor or indoor premises, failure to provide sufficient security to allow trespassers to access the premises, and even failure to administer required medication.

Negligent Supervision

Schools and their negligent employees can be held responsible for negligence for injuries sustained by a child as a result of negligent supervision. If a supervisor or teacher fails to intervene when children are involved in rough play or even a fight, for instance, that failure to take action can be found to constitute negligence by the school and supervisor.

According to the American Academy of Pediatrics, typically children between 5 – 19 years of age experience a significant number of injuries as a result of intentional acts rather than negligent acts. When an injury could have been prevented by the supervisor in charge providing proper supervision, that inadequate supervision along with the intention acts of the perpetrator can be found to be the causes of the injuries the child sustained.

In some instances, when bullying or any other intentional acts by another child are the result of another child’s injuries, the parents of the child who caused the injuries can sometimes be held reliable, too.

Focused on Your Recovery

    • Brain Damage $50 Million

      Christian, a four-year-old boy, was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.

    • Serious Injuries $31 Million

      A 35-year-old New York City Police officer was a passenger in a police car going to an emergency call. After a collision, Ms. A. was rendered unconscious and was admitted to Jacobi Hospital with head and limb injuries.

    • Work Injury $21.5 Million

      This accident occurred in the Bronx when Rafael C. was working on a sanitation truck. The driver lost control while making a turn. Rafael was ejected and the truck ran over his leg.

    • Serious Injuries $10.3 Million

      A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.

    • Burn Injuries $8 Million

      Dansker & Aspromonte represented 60 tenants in the infamous Schomburg Plaza fire. A fire started in a jammed compactor chute on the 20th floor of the high-rise apartment building.

    • Head Injury $7.8 Million

      This female accountant was walking after work in Battery Park on the pedestrian promenade when she was suddenly struck by a speeding police motor scooter.

    • Serious Injuries $6.6 Million

      This case involved a 6-year-old girl who was in a minivan that was struck by an ambulance in a multi-car collision on the Northern State Parkway in Long Island, New York.

    • Serious Injuries $6.25 Million

      A 26-year-old bicycle deliveryman was struck by a speeding Dollar Rent-A-Car van on a busy intersection, causing multiple fractures in his neck, back, arm and leg, as well as mild brain damage.

Handle Your Case With Confidence Work With Dansker & Aspromonte Today

Contact Dansker & Aspromonte Associates for help today. We serve clients throughout the New York City Metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties.

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