How to Handle a Child’s Injury at School: A Step-by-Step Guide

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A parents worst nightmare is finding out their child has been injured at school.

School injuries are actually incredibly common. Studies have found that 1 in 14 students experience a medically attended injury at school every year. Yikes.

The good news is…

Knowing the right steps to take after your child is injured at school can help you immensely. From receiving proper medical care to filing an insurance settlement negotiation… every play counts.

What you should do:

• Jump Straight to a School Injury Timeline
• Get Medical Treatment
• Document, Document, Document
• Learn Who is At Fault
• Understand Insurance Settlement Negotiations
• Hire a Personal Injury Lawyer

Jump Straight to a School Injury Timeline

Getting your child the right medical care after an injury

Recording every detail about the injury

Figuring out who’s at fault for the injury

Navigating insurance settlement negotiations

Hiring a personal injury lawyer if necessary

Let’s dive in.

Get Medical Treatment

The first thing you should do after your child gets injured at school is take a deep breath. Panicking doesn’t help the situation. Instead, focus on these following steps.

Your child should seek medical attention immediately.

It doesn’t matter how minor you think the injury is. There could be underlying damage that isn’t visible to the naked eye. Concussions and internal bleeding are common to go unnoticed.

Here’s the thing…

A lot of parents wait. They think about “seeing how it feels” before going to the doctor. That is a mistake.

Not only will this harm your child later on but it can hurt you during an insurance settlement negotiation should one occur.

Make sure to:

• Visit your doctor or the emergency room ASAP
• Request copies of all medical reports
• Follow through with all treatment plans

Everything about your case starts here. Without the proper medical records it makes your case useless later on if you decide to speak with a lawyer.

Document, Document, Document

Let’s say your child fell down at school and hurt their knee. You take them to the doctor and receive a knee abrasion with minor swelling. The doctor instructs your child to take some over the counter painkillers and check back with him in a few days.

You would think this is enough right?

WRONG.

In the world of insurance settlement negotiations everything you do during this step helps you later. Documentation is king. Collecting evidence early on helps you later should you speak with a personal injury lawyer about your case.

Start by requesting a copy of the incident report from the school. Every school should have files that document any injuries that occur on school grounds. You have the right to view and collect these documents.

After you’ve collected that report you should start gathering your own evidence.

• Take pictures of the injury
• Take pictures of where the injury occurred
• Take pictures of any equipment that may have been involved
• Write down your child’s recollection of what happened

Other documentation you should keep include:

• Medical bills/receipts
• Copies of missed school days
• Doctor’s notes specifying how long recovery will take
• Emails between you and the school regarding the injury

Think of this process as building a file. If you decide to go to insurance settlement negotiations you want everything organized and ready to go. Alberta personal injury lawyers recommend starting this process the first day of the incident. Any gaps in your documentation can be used against you later on and result in a lower settlement.

Learn Who is At Fault

So who’s at fault if your child gets hurt at school?

For starters, schools do have a duty of care when it comes to student safety.

If your child was injured because of a breach in that duty, then the school (or insurance provider) may be liable.

But was the injury caused by negligence?

Negligence can come in many forms when it comes to school injuries.

Let’s look at some common examples…

• Broken equipment. Cracks in playground structures, damaged gym equipment or unsafe classroom furniture.
• Lack of supervision. Not enough staff members to monitor students during high-risk activities.
• Unsafe conditions. Wet floors, broken facilities or dangerous areas being left unlocked.

According to the U.S. Consumer Product Safety Commission, over 200,000 children are treated at emergency rooms for playground injuries alone. Many of these injuries are caused by faulty equipment or lack of supervision.

If you can prove negligence, then you can hold the school’s insurance provider liable. And that’s when the insurance settlement negotiation process begins.

Understand Insurance Settlement Negotiations

Here’s a little insider secret…

The insurance company does not have your child’s best interest at heart. They want to settle your case for the least amount of money possible.

Once you understand that, you will approach these negotiations a little differently.

The insurance settlement negotiation process usually looks something like this:

1. Parent files a claim with the school’s insurance company.
2. Insurance company investigates and reviews all information.
3. Insurance company makes initial settlement offer.
4. Negotiations begin in order to reach a fair settlement.

And here’s the kicker…

The initial settlement offer is always too low. Insurance companies offer low amounts because they know most parents aren’t familiar with the process. Low offers are strategic and calculated hoping families will accept out of stress.

Parents should always:

• Never accept the first offer. Read it. Understand it.
• Calculate total cost of medical expenses. Don’t forget about future medical care.
• Include pain and suffering as well as emotional trauma.
• Consider how the injury affects your child’s everyday life.

Understanding how to negotiate a fair settlement is important. But as mentioned before, it all starts with documentation.

Without proper documentation, you’re stuck fighting an insurance company with your hands tied. That’s why gathering evidence is such an important step in the process.

Hire a Personal Injury Lawyer

Does your child really need a personal injury lawyer after the injury occurred at school?

If they suffered a minor injury you may be fine without one.

However…

If your child suffered a serious injury it may be beneficial to reach out to a personal injury lawyer. Insurance adjusters and school officials are trained in negotiations. They know how to sway you into thinking their offer is fair when it’s not.

You should speak with a lawyer if:

• Your child suffered a serious injury. Fractures, concussions and permanent damage are serious injuries.
• The school or insurer refuses responsibility.
• The settlement offer doesn’t even cover medical costs.
• The injury has long term effects.

Most personal injury lawyers offer free consultations when you first call. This means you can get professional advice with zero cost required. What do you have to lose?

Pulling It All Together

Injuries at school can be scary, painful and frustrating. But if you take the proper steps after your child gets hurt you will set yourself up for success later on.

Remember…

• Seek medical attention right away and follow through with treatment.
• Document everything. This cannot be stressed enough.
• Schools do have a duty of care. Try and determine negligence.
• The insurance company is not looking out for your child’s best interest.
• Contact a lawyer for serious injuries.

Hurry up and start documenting your information. There is no reason to waste any more time.