Depending on the how your child was injured, you may not be able to pierce the school district governmental immunity. This means that even if the school is responsible for your child’s injuries, you cannot sue the school district to recover damages for your child’s injuries. However, if you can establish an exception to your state’s immunity statutes, you may be able to sue the school for negligence or gross negligence. You should contact an attorney who specializes in personal injury in your area so they can let you know what the laws are in your state.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Tai Figueiredo
Paralegal BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688FAX: 877-475-8147
Answered on May 28th, 2013 at 4:57 PM