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Can a school be sued for personal injury in Chicago?

On Behalf of | Jul 27, 2021 | Personal Injury

Chicago parents send their children to school expecting that they will be safe. That includes the school giving children proper supervision, watching for possible dangers, and shielding them from injuries. Unfortunately, children can still be injured at school. This can lead to costly medical expenses, long-term damage, and emotional trauma. Parents need to be aware of their rights as they consider their options after such an injury.

When can parents sue schools over a child’s injuries?

Filing a personal injury lawsuit against a school is different from filing a lawsuit after a car crash or a slip-and-fall accident. Schools have various forms of immunity if they are confronted with allegations that would otherwise spark a lawsuit. Still, parents can take certain steps to pursue a claim. A negligence lawsuit may be an effective strategy. Examples of incidents that could injure a child and might warrant a legal claim include sexual abuse, a child being injured while in gym class due to a teacher’s lack of supervision, and unaddressed bullying issues.

Illinois requires that a claim against a public school be filed in the Court of Claims. This is a specific type of court with judges who oversee cases against the state government. Private schools are not subject to this type of litigation, so any claim against them will be in the local court. The key is whether the school was reckless and a child suffered personal injury while taking part in a school-related activity.

Being aware of the rules for suing a school is vital before proceeding

After a personal injury, it is imperative to know if it happened due to the school’s lack of care. It could be during class, when taking part in school-sponsored sports, during physical education, or on a field trip. An example might be a school sport in which the child has a medical note or complains of pain and is forced to take part anyway. A child suffering injuries can be problematic for the entire family. Knowing if the school was negligent and can be held accountable is crucial when considering legal avenues.

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