Tag Archives: injury law Philly

Can A School District Be Liable For My Child’s Injury At School?

Sending your child to school can open leave you feeling helpless, especially if you hear stories from other parents sharing incidents of their children being injured while inside the school premises. If your growing fear happened one day when an urgent call from school reporting your child has a bad fall while doing some sports activity and was brought to the nearest hospital. So, on this kind of situation who can be held liable for your child’s injury? Is the school district answerable if it’s within Pennsylvania? Let’s hear it from a lawyer in Philly regarding case of personal injury arising in a public school Pennsylvania.

Can a School District be held liable?

Under the Political Subdivision Torts Claim Act Section 8541 of the Judicial Code, public school districts in Pennsylvania are immune from liability for damages caused to people and property. But, there are exceptions to this Torts Claim Act Section that will give any parent the chance to file a lawsuit against a Philadelphia School District or another public school if the child’s injury happened while under their care. Exceptions to government immunity may cover the following areas:

  • Care, custody, or control of your child’s personal property
  • Care, custody, or control of real property, mostly refer to the school grounds and property
  • Vehicle liability
  • Utility services facilities
  • Streets and sidewalks on school property
  • Care, custody and control of animals

As a parent, you will need to prove that your child’s injury completely meets any of these mentioned exceptions under the Torts Claim Act Section 8541.

What action should I undertake as a concerned parent?

As mentioned, for you to be able to file a compensation claim against a public school in Pennsylvania where your child has been injured, there has to be a common law basis. Among the common cause of action that any concerned parent can do in the event an incident at school led his or her child serious physical injury while under the care of a public school, negligence case can be filed. Other common accident claims are involved from injuries arising vehicle liability or control of real property like:

  • The injury was due to a flaw or defect of the school premises such as loosened floor board in the gym tripping your child and leading to a head injury.
  • Auto accidents involving school transports (school buses).
  • Discrimination due to a student’s race, sex, age, disability and others.
  • Excessive force

Who can help you with your child’s case?

If your child has been seriously injured at a Pennsylvania public school and you plan to file a lawsuit, the person in authority who can be of great assistance is an attorney in Philly. Learn more about your child’s case and if you have a chance of being compensated for all the medical bills, child care while recovering as well as other related damages. Contact now a Philadelphia lawyer and get free consultation. Rest assured everything discussed at your lawyer’s office will be held with utmost privacy.

 

Types Of Injuries That May Develop From Slip And Fall Accidents

As we carry on discussing the slip and fall injury law Philly,our next concern would be the possible injuries that arise after a slip and fall accident. Keep in mind, when a person or business failed to do the necessary action to eliminate the hazards, negligence could be filed and be held liable for any injury inflicted on the injured individual. Below are the types of injuries that a person may suffer from a recent slip and fall accident.

  • Bone fracture

This is one of the common injuries that could occur after a bad fall or accidental slip, bone fractures, either on arms or wrists. Remember, it’s normal for an individual to find support during a slip or fall with the use of his or her arms. Other injuries that could lead to bone fracture are hip and spinal column.

  • Brain injury

Another part of the human body that is prone to injury due to a slip and fall accident according to a lawyer in Philly is the brain. Common brain injuries resulting from a fall or slip are minor concussions, then, severe case could result to traumatic brain injury.

  • Spinal column injury

One of the alarming injuries that could happen after a slip and fall accident is the spinal column injury. According to an attorney in Philly, anyone who sustained severe nerve damage along the spinal column is entitled for compensation as this injury could lead to permanent disability.

Most of the injuries mentioned above will need immediate medical treatment. Apart from the required medications, follow-up visits with a specialist in the area of injury, and therapies, this ongoing healing could bring psychological impact to the affected person. Among the psychological side effects that can manifest while under recovery stage are depression, anxiety and even changes in behavior. A person who used to be happy and outgoing may become moody due to pain or discomfort felt.

Is a settlement from an insurance or business the best option to get compensation?

There are instances where in most cases of slip and fall accidents, the injured individual will be offered an out of court settlement, especially if the injury appears to be less serious. In other cases, the property or business owner would even suggest payment via insurance policy. Although, these offers may appear tempting, it’s still necessary for the injured person to consult a Slip and Fall Attorney Philadelphia  legal representative. For example, if your slip and fall accident happened in Philadelphia, hiring a local attorney with solid background in slip and fall accidents would be a wise move. Why? A lawyer based in Philly knows the rules that may apply on your slip and fall accident as well as the documents you need to produce for your case to be valid and entitled for legal claim. It’s still best you have a legal adviser on your side before you even sign any document provided by the other party concerned (defendant).