What Action Can I Take When My Child Is Injured By A Bully?

Posted on 02-16-2016 by
Tags: Trending News & Topics

When you send your child to school each weekday you hope that your child will be safe, but instances of bullying by other students is a real concern. However, bullying is something that is quite prevalent in schools. Consider some of the statistics from the Centers for Disease Control and Prevention concerning bullying and physical altercations in schools. In 2013:

  • Nearly 20 percent of high school students were bullied while on school property;

  • Nearly 25 percent of students were involved in a physical altercation with another student;

  • Boys were more likely to get into a physical fight than girls;

  • However, girls more frequently engage in bullying;

  • More than three percent of fights occurring at school resulted in a student being injured so seriously that the student required treatment from a doctor; and

  • There seems to be no significant decrease in the amount of bullying that occurs in schools, based on data from the past four years.

What Can A Parent Legally Do If Their Child Is Bullied At School?

What can a parent do if their child is injured by a school bully? For starters, a parent should notify the school about the bullying and see if the school is willing to do anything about the problem. If that does not work or the bullying does not stop, then a parent can consult with an experienced personal injury lawyer about the bullying incident and the child’s injuries. Your lawyer can then help you determine what legal options are available to you and your injured child.

Recovery can be sought for the child’s injuries through a personal injury claim. Whether the school your child attends is a public school or a private school can affect who can be sued when your child is injured by a bully. For instance, in most cases, a public school is protected from being sued due to governmental immunity, but certain scenarios might qualify for a loop-hole in the immunity law leaving the school open to liability for your child’s injuries. For instance, if a concerned parent notifies the school about an instance of bullying, and the school fails to take steps to resolve the problem and the bullying happens again, the public school might be liable for the child’s injuries.

Private schools, on the other hand, are not protected by governmental immunity, so if your child was bullied and injured at a private school, you might be able to sue the private school’s insurance company for damages.

Alternatively, a private lawsuit against the bully, or the bully’s parents might also be an option for obtaining recovery for your child’s injuries and medical expenses.

Contact A Child Injury Lawyer

Bullying is something that children have to deal with at school, but when bullying causes injuries, it crosses the line. If your child has been injured by a bully at school, you should contact a school injury lawyer at The Pearce Law Firm, P.C.. We can help you. Please do not hesitate to contact us either online or by calling (215) 600-1433 for a free initial consultation today.

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