School transportation is essential for many students to get the education they deserve. In New York, school transportation is accomplished with thousands of school buses that provide daily transportation to school. When accidents happen, many children are put at risk of serious injury.
Understanding the legal rights of students and securing those rights is vital. A New York City school bus accident lawyer offers critical services and guidance to injured students and their families.
After a crash, victims and their families need to understand their legal rights. Failing to secure those rights can mean losing their rights to recover the compensation they deserve. In school bus accidents, there are several layers of complexities that can lead to confusion.
First, many school bus accidents involve minors. This can mean a difference in the rules and deadlines to file a lawsuit. Understanding who can make a claim on a child’s behalf and when those claims must be filed is critical.
Second, several parties, including government entities, may be involved in a school bus crash claim. When government entities or more than one party is to blame, the situation can be much more challenging to navigate.
Under New York personal injury law, students are allowed to pursue claims against a responsible party for the injuries they have sustained. Schools, school bus companies, and others have a duty to keep the children in their care safe, so they could be responsible parties. When they fail in their duties, they can be held liable for any damages that result. This means that students could recover monetary compensation for the injuries they have suffered.
Parents should take quick action following a school bus accident. After ensuring their child is safe and receives appropriate medical care, they should seek legal assistance. Parents will want to seek any information, photos, videos, and reports about the accident and provide their attorney with all information they have about the incident and their child’s injuries. Moreover, not only can they take legal action to recover for the injuries their child has suffered, they may also be able to recover damages for themselves.
Proving negligence is vital to securing compensation. One or several parties may be responsible for your child’s injuries following an accident. A thorough investigation into the cause of the crash can help to determine which parties may be liable.
Some parties who may be responsible include:
Ensuring child safety is a top priority after a school bus accident. Protecting their legal rights is also important. After a crash, families and those involved will want to:
A bus crash with students can lead to serious injury. Recovering fair and full damages is essential. Students injured at school or in a school bus accident can recover compensatory damages including economic damages and non-economic damages. In some cases, if the defendant acted recklessly, wantonly, or maliciously, they may also be able to recover punitive damages.
Examples of damages include:
In New York, the statute of limitations for an injury is generally three years from the date of the accident. This means that families typically must file a lawsuit within three years. However, certain exceptions to this rule may be applicable when students are injured.
One relevant exception is the minor rule. If a minor is injured and a parent or guardian does not take action on their claim, the statute of limitations does not begin to run until the injured minor turns 18 years old.
For wrongful death claims, the deadline to file is different. Families have just two years from the date of death to file a claim.
Additionally, if the claim is against government entities, like the school district or New York Department of Education, a different time limit applies. Injured parties have just one year and 90 days to file a lawsuit. They also must file a notice of claim within 90 days of the injury.
Due to the complex nature of the statute of limitations for cases involving students injured or students killed in bus crashes, immediately seeking legal counsel is critical. Timely filing is essential to securing the legal rights of students and their right to compensation.
After a bus crash, victims will want to seek immediate medical attention. However, there may be concerns and questions regarding the medical bills related to the accident. A few things may occur when medical providers seek payment for outstanding bills.
First, your own health insurance may pay the outstanding hospital bills and seek reimbursement from the liable party. Second, the hospital may seek payment directly from the responsible party’s insurance. Or, third, you may pay the medical costs and seek reimbursement through a personal injury claim. Your attorney can offer guidance on your options and determine an appropriate course of action in your case.
Securing your family’s legal rights following a crash is essential. Taking swift action is crucial to securing justice and fair compensation. When a bus accident happens, legal representation for you and your child is important to protecting your interests.
If your child was injured, a personal injury lawyer at Gregory Spektor & Associates, P.C. is here to support you. We understand that these are challenging times. Contact us now at 1 (800) 318-8888 for a free consultation.
