This is a loaded question. There are numerous factors that come into play when trying to figure out if the school is responsible for the injuries sustained in the gym class and if you can sue over them. Does your child attend a public school or a private school?
If you are the parent of a child who attends a Georgia public school and they get hurt during gym class, bringing forth a lawsuit is going to be extremely complicated. When you try to sue a public school, you are trying to sue the government. In order to sue the government, you have to have their permission to sue. Good luck.
If you can prove intentional or malicious negligence on behalf of the gym teacher, you could try to sue them for the injuries sustained by your child. This is probably going to be extremely hard to do under the circumstances.
The last possible course of action that could be taken against a teacher is proving that they did not enforce a policy or procedure and that caused the injury to your child. For example, if the children are required to wear knee pads while playing volleyball in class and the teacher did not make the children do this and your child gets injured because of the lack of enforcement you can sue.
If you feel like the teacher is at fault in the injury of your child during gym class, you can still get a consultation from a Georgia personal injury attorney in your area.
Throwing Out A Safety Net
Georgia public school districts understand how important your child’s safety is and they also understand that injuries can become costly. More and more public school systems are adopting the option of Student Accident Coverage.
This is a parent paid program, but it offers additional coverages for your student’s safety. There are plans that can include dental and summer plans too.
Can you really put a price on being able to cover injuries your child could sustain at school or in an extracurricular activity?
If your child attends a private school and they are injured during their gym class, there are more legal options on your side (as long as they do not receive federal funding). There is a bigger chance of being able to prove the negligence of the teacher as a lack of supervision. In the sector of a private school, it does not have to be intentional or malicious on the part of the teacher.
The duty of the private school is to offer a safe and well-maintained school setting for your child. If the school did not uphold its obligation, you can try to sue the school for negligence. A lot of it depends on the type of accident your child sustained.
Private schools also carry liability insurance for the facility. If you don’t think that you can prove negligence on the part of the teacher, you can still sue the insurance company of the school for the damages from the injury.
Having a lawyer will help you decide the best path to take when pursuing compensation for the injuries that your child sustained while they were at school. Ultimately, it is up to you, the parent, who you feel is responsible for the injuries your child sustained.
The Role of Your Personal Injury Attorney
It doesn’t matter if you are trying to recover damages from a public or private school for your child’s injuries, in order to get the most from the claim you need to get a lawyer. Many personal injury lawyers have the experience and have tried cases against educational establishments in the past.
Both sides of the claim are going to want to avoid going to trial. Trials are lengthy and expensive, not to mention if there is enough evidence it is possible that it will not go the way the defense wants it to. That can be used in your favor.
If your lawyer feels that your case has enough evidence to prove that the defendant was definitely at fault for your child’s injuries sustained while in their gym class, they may begin with the settlement process. If the defense declines the offer, your lawyer can go ahead and proceed with setting a trial date.
Sometimes, that trial date is all the defense will need to give in to the settlement amount that they were approached with. Your lawyer can still negotiate up until the trial date, which is sometimes enough motivation to get a settlement amount to go through.
Making sure that you are getting awarded what is going to cover your child’s injury expenses, including medical bills and rehabilitation services, and pain and suffering. Our Car Accident and Personal Injury Law Firm in Georgia have you and your child’s best interest in mind.