Suing Public Schools Vs. Private Schools For Concussions

As any parent knows, as your child gets older school-sponsored sports to become more dangerous and organized – including football, soccer, etc. As a result, injuries that involve your child become almost unavoidable. However, when they happen at your child’s school you may wonder if the school district or your child’s private school can be held liable and how you go about making an injury claim.

Who Can Be Held Legally Responsible if My Child is Injured at School?

Sometimes it can be hard to know who is responsible for your child’s injury they suffered by at school or participating in a school activity. Even if a school employee or the school itself didn’t directly cause your child’s injury the school district may be able to be held legally responsible.

If you believe that your child’s South Carolina public school district could be liable for the injuries suffered by your child, you need to be aware that any claim you make will probably have to follow certain specific procedural rules.

South Carolina Public School Districts and Sovereign Immunity

Just like the federal government and at the state, county, and municipal levels of government, they all have what is commonly referred to as, “political subdivisions better known as “sovereign immunity.”

In general terms, this means that in most cases, the government entity and its employees, are immune from lawsuits, except under certain specified circumstances.

All states have waived this immunity and will allow claims when negligence on the part of the South Carolina school district, or its employees caused or contributed to your child’s injury.

Again, there are most often extremely specific procedures that must be followed before you can file a lawsuit in a South Carolina court. If you don’t follow these procedures to the letter, your claim could be immediately dismissed.

What is a “Notice of Claim?”

In South Carolina, before a personal injury lawsuit can be filed, you must file a Notice of Claim with the school district or appropriate state agency.

The Notice of Claim must be writing and has to describe the incident, including what part the district or one of their employees played in your child’s injury. It must also include a detailed account of the injuries your child suffered, and a demand for compensation which is normally a specific dollar amount, so that your child’s school can investigate the incident properly.

There are time limits in which you must file your Notice of Claim in South Carolina, so you should check with a knowledgeable Charleston, South Carolina personal injury lawyer such as David Aylor.

Can I Sue for a Concussion?

Concussions are one of the most common forms of a traumatic brain injury, especially in South Carolina high school football players. The sports concussion lawyer, David Aylor in Charleston, South Carolina assists injured people and their families in receiving any monetary compensation they may deserve.

Some examples of negligence that leads to your child suffering a concussion include, but aren’t limited to:

  1. Your child’s high school football coach didn’t pull your child from the game and call for your child to receive medical attention.
  2. Your child’s high school football coach encourages excessive force during football practice or games or pushes your child and the other players past reasonable limits, such as heat exhaustion.
  3. Your child’s high school football program and/or school district knows that the risks of sports-related head injuries are high and fails to protect your child and other players by warning them of the risks of repetitive head trauma and how to properly treat head injuries.

Who Can Be Held Liable in South Carolina for My Child’s Football-Related Concussion?

If you believe that your child’s concussion while playing football could have been prevented if someone hadn’t been negligent, you may have a lawsuit against one or more different parties. It’s important to work with a South Carolina sports concussion lawyer who understands and can investigate your claim and hold all parties responsible for their negligence.

The following parties could be held liable for your child’s sports-related concussion:

  1. Your child’s coach
  2. The Organization
  3. School
  4. A Third Party

How Do I File A School Injury Claim or Lawsuit Against My Child’s Private School?

If your child suffered a concussion while playing football at their private school, it’s important to get the school’s insurance company information from either the principal or school administrator.

You should also contact the school administrator or review the school’s handbook to find out how to start your child’s claim. In most cases, the school will help and cooperate in the processing of your claim.

How Can A South Carolina Sports Concussion Lawyer Help My Child?

If you handle your child’s claim yourself and make a mistake, your entire claim could be in jeopardy. Child injury claims can be complicated and if your child was injured at school, it could be even more complicated.

Charleston, South Carolina sports concussion attorney, David Aylor, and his team will help protect your child by making sure they receive all the compensation they deserve for their school sports concussion.

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