School Injury Lawyer NYC

When a gap in supervision, an unsafe floor, stair, play area or piece of equipment, or a known danger nobody acted on contributes to a child's injury, families often face medical visits, missed school, a child afraid to return, and a school saying little about what happened.

Raphaelson & Levine represents children hurt at schools across New York City, and their families. We examine supervision, the building, grounds and equipment, and the school's records to assess whether a safety failure contributed and who may be responsible.

If your child was hurt at a school in New York, call (212) 268-3222 or contact us online for a free consultation with a New York City school injury lawyer.

Can I Sue a School if My Child Gets Hurt?

Yes, when a school's poor supervision or unsafe building contributed to your child's injury. Schools owe students a duty of care: adequate supervision and reasonably safe buildings and grounds. Our New York school injury lawyers start by asking who ran the school and what failed.

It's worth calling us if:

• The school or an insurer wants signatures
• Medical care was needed, or still is
• Your child missed school or fears returning
• A danger may have gone unaddressed
• Deadlines and next steps are unclear

A quick call can help you find out whether you have a case.

How Do Children Get Hurt at New York City Schools?

Children get hurt at school in slip and falls, playground and gym accidents, fights with other students and school bus crashes. Behind each one, we look for supervision, upkeep or equipment that fell short.

In a summer camp case, the camp's lawyers argued camps and schools can't keep children safe every moment. We argued even minimal supervision would have prevented a girl's broken leg. We also handle children's injuries in general, bus crashes and falls on snow and ice.

School Bus Injuries

When a school bus hurts a child, the driver, the bus company and sometimes the school district can each share responsibility, and each can come with a different deadline. We represented a student a school bus hit while he was walking to exams; you'll find that case summary below.

How Long Do You Have to File a School Injury Claim?

For a school run by a school district, including the New York City Department of Education, you usually have 90 days to serve a notice of claim and one year and 90 days to start the lawsuit. Private and religious schools usually follow New York's three-year limit. Your child's age can stretch the time to sue, but not the 90-day notice.

What Happens After the Notice of Claim?

1. When you reach us in time, we serve the notice of claim within 90 days. Under Education Law § 3813, a case against a school district can't go forward without it.
2. The school district can ask for an examination about how the injury happened and how serious it is, which can include a physical exam by a doctor (General Municipal Law § 50-h). The person examined may bring their own doctor and a relative or another person they choose.
3. If the claim isn't paid or adjusted within 30 days of the notice (40 days if it was served through the Secretary of State), we can file the lawsuit, as long as your child has attended any 50-h exam the district asked for. The exam doesn't pause the deadline to sue.
4. The case is usually filed in New York State Supreme Court, the state's main trial court.

Does My Child's Age Change the Deadlines?

Sometimes. If your child was under 18 when they were hurt, CPLR § 208 can extend the time to start the lawsuit, in some cases to three years after your child turns 18. It never extends the 90-day notice for a public school, so that's the deadline to protect first. Your own claim as a parent, such as for your child's medical bills, follows the regular deadlines even when your child's time to sue is extended.

What If the 90 Days Have Passed?

Call us anyway. Under Education Law § 3813, a court can allow a late notice, but never past the deadline to start the lawsuit. The court looks especially at whether the school district, its lawyers or its insurer learned the essential facts in time or soon after, and it also weighs whether the injured person was a child.

What Do We Do First When You Call?

When you call, we first lock down the records and the notice deadline. Please keep:

• Photos and witness names
• School forms and notes
• Medical bills and records

You have a right to see your child's school records, and we request them for you. Federal law (20 U.S.C. § 1232g) gives parents access to their own child's education records at schools that receive federal education funding, including public schools. That right passes to your child at 18 or when they start college.

For a public school, we also use New York's Freedom of Information Law (Public Officers Law § 89) to request public records, such as building inspection and repair reports.

When a teacher fell entering her school, our request produced an inspection report rating the area unacceptable.

Why New York City Families Call Raphaelson & Levine

Families call us because we find what went wrong and who was responsible, then build the case with records, witnesses and experts.

We've represented victims of school negligence, inadequate security, and other school accidents for 34 years, including claims against the NYC Department of Education.

“I would like to thank Raphaelson & Levine for their hard work and determination in a situation that will leave a positive impact for my child.” — Domingo G.

Prior results do not guarantee a similar outcome. Results vary depending on the facts and circumstances of each case.

If your child was hurt at school or you were hurt on school grounds, call us to discuss your legal rights.

Meet Our New York City School Injury Lawyers

We answer calls 24/7 in English, Spanish or Mandarin.

What Is My Child's School Injury Case Worth?

The short answer is that there’s no single average settlement amount for a school injury case. Every case is unique, and the value depends entirely on the severity of the injury, recovery, how it impacts your child’s future, and proof of fault.

In the personal injury settlements and verdicts we've obtained for New Yorkers, compensation has covered medical bills and future care, lost earnings, and pain and suffering.

Client example: A school bus hit a student walking to exams; his head injury needed surgery. We argued his injuries and missed exams would affect his college path and future earnings.

What Your Family Can Recover

A school injury claim can include:

• Medical bills and future care, including therapy and rehabilitation
• Pain and suffering, including emotional distress like anxiety or fear of going back to school
• Scarring or lasting physical limits
• Lost earning ability if the injury affects your child's future
• Costs you paid as a parent, such as your child's medical bills

A Court Approves Your Child's Settlement

A child's injury case can't settle without a court's approval. Under CPLR § 1207, the child's guardian of the property or guardian ad litem, or a parent with legal custody if there's no such guardian, asks the court to approve it, through a separate court proceeding if no lawsuit was filed. CPLR § 1208 requires that person's sworn statement to cover how the injury happened, the child's injuries, doctors and medical expenses, and the settlement terms and proposed distribution.

The court also decides how the money is held, often in your child's name until they turn 18 (CPLR § 1206).

Talk to a New York City School Injury Lawyer