California schools must provide safe and secure environments for all students to learn and grow. Special needs students require unique care and attention. But unfortunately, many children with disabilities suffer serious injuries every year due to unsafe school conditions.
If your special needs child was injured due to unsafe structures, hazards on school premises, inadequate supervision, or other negligence by school administrators, you could have grounds for a personal injury lawsuit. A school injury lawyer from Custodio & Dubey LLP can help navigate the challenges that accompany these cases.
At our firm, your child and your family come first. Contact us today to learn how we can support you during this difficult time. The first consultation is free.
Personal Injury Claims Involving Special Needs Students
Every year, millions of children and adolescents sustain significant injuries at school. At Custodio & Dubey LLP, our California school injury attorneys handle the following types of personal injury claims involving special needs students:
- Classroom injuries – When special needs students do not receive proper supervision in the classroom or staff members do not receive adequate training, classroom injuries caused by falls, wandering, or self-harm may occur.
- Playground injuries – If school playgrounds are filled with faulty or poorly maintained equipment or lack appropriate security, special needs students can easily suffer from injuries like slip and falls or accidental strangulation.
- Physical education injuries – When children with exceptional needs participate in P.E., close supervision is needed to ensure vulnerable students avoid injury from excessive heat, overexertion, or equipment misuse.
- Cafeteria injuries – The lunchroom can be a life-threatening place for students with special dietary needs or food allergies. Schools must make appropriate substitutions if a child’s disability necessitates it. Failure to provide safe foods or implement strategies to prevent children from coming in contact with allergens could constitute school negligence if an injury occurs.
- School crossing injuries – School crossing guards are responsible for accommodating special needs children in crosswalks and helping students avoid injuries from traffic collisions.
- School bus injuries – Special needs children are entitled to safe, appropriate transportation from home to school and back. Failure to provide specialized equipment for transport, negligent operation of a wheelchair lift, and a failure to maintain adaptive bus equipment are examples of negligence that could lead to an injury claim against a school district.
Every injured special needs student has rights. If your child was hurt on school property or during transit, seek legal help immediately from a California school injury lawyer.
Unique Issues for Injured Special Needs Students
School injury cases involving special needs children present several unique and challenging issues. To determine how to handle your case appropriately, you need a top-tier lawyer with a detailed understanding of the child’s medical condition, special education requirements, and the school and family support structure.
Unfortunately, school administrators, insurance providers, attorneys, and court systems minimize many special needs student injury cases. Children with exceptional needs may have a difficult time explaining or understanding what happened. School employees may lack the training to know what went wrong. This can cause insurance providers to underestimate the toll that a school accident can take on special needs students and their families.
At Custodio & Dubey LLP, our attorneys have handled many school injury cases, and we understand the far-reaching implications these tragedies can have. We are committed to supporting your family through every stage of your claim and demanding fair compensation that fully addresses your personal and financial losses.
What Should I Do If My Special Needs Child Was Injured at School?
Follow these steps if your child suffered injuries at a California school:
- Seek prompt medical attention from an urgent care clinic, emergency room, or pediatrician. You must determine the extent of your child’s injuries and create a formal record of their condition.
- Speak to school administrators to hear what they have to say about the incident, file an accident report, and request a copy of the report for your records.
- Gather all evidence that you can. Photos of the accident scene, your student’s injuries, eyewitness statements, statements from your child, medical bills, and other proof of monetary costs related to your child’s injuries can all support a school accident claim.
- Talk to a school injury lawyer immediately. If you decide to pursue a claim against the school district, you must file a Notice of Claim within six months of your child’s injury.
How Can a Special Needs Injury Lawyer Assist Me?
If your special needs child was injured in a California school setting, Custodio & Dubey LLP can help you by:
- Explaining your legal rights and exploring all potential avenues of compensation for you
- Investigating your child’s school accident to uncover valuable evidence and determine school liability
- Communicating with school officials, insurance providers, and other attorneys on your behalf
- Filing all legal paperwork
- Representing you and your child during settlement talks, mediation hearings, and court appearances as needed
Contact Custodio & Dubey LLP Today
The aftermath of a school injury involving a student with special needs is traumatizing for children and parents alike. Let the trusted team at Custodio & Dubey LLP handle every aspect of your injury case while you focus on what matters most ― helping your child heal and get back to daily life again.
Contact us today for a free consultation to learn more about how we can make a difference in your California special needs school injury case.