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Can You Sue the School if Your Child Gets Hurt in Indiana?


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When we send our kids to school for the day, we expect that the school and adults present will provide a safe and nurturing environment for our children. We entrust their safety to people who are expected to be professionals trained to educate, nurture, and care for youngsters. Indiana law recognizes the doctrine of “in loco parentis,” meaning “in the place of a parent.” As applied to schools, the doctrine places the same duty of care that a parent owes to a child upon the school while the child is at school. As a result, if your child gets injured through a school’s neglect, you may be able to recover damages through an Indiana negligence lawsuit.

Injuries that a child could sustain while at school that may be actionable include:

  • Injuries sustained in a fall
  • Sports related injuries
  • Injuries sustained in a fight
  • Foodborne illness
  • Property damage that occurs at school
  • Emotional issues that result from bullying
  • Injuries from school bus accidents
  • Car accidents occurring on school property

If your child has been injured in a school incident, you should consult with an experienced Indianapolis personal injury attorney. Because of the complicated legal issues that arise in suing school districts, you should make sure that you retain an Indiana personal injury attorney who has experience handling negligent supervision cases against schools or teachers.

Injured on the School Bus

For example, according to a report published by ABC affiliate RTV6, a local student and his brother are suing another boy he alleges bullied him, the boy’s mother, and the Franklin Township Community School Corporation. The lawsuit alleges that the plaintiff, Caleb Jones, was beaten on a school bus, resulting in “personal injuries, pain and suffering, permanent injuries, scarring, emotional injuries and future pain and suffering," according to the complaint. The school corporation is implicated because Jones alleges that the bus driver was not properly trained in how to deal with students assaulting other students. Reports indicate that the beating was captured on a cell phone video, and when the bus driver appears on the video, he verbally admonishes the boys before walking away. The incident resulted in doctors placing three staples in Jones’ head when he was being treated for his injuries. Our South Bend, IN car accident lawyer could help you to gather evidence for your case.

Sometimes we dismiss these sort of incidents as “kids being kids.” Sure, kids are sometimes prone to bullying and some kids are even prone to violent behavior. But isn’t this exactly why education professionals need to be properly trained to prevent these sort of incidents from happening? The Indiana courts think so.

Schools and school employees are responsible for their students’ safety while they are at school and during school-sponsored events. Children who are injured while at school may be entitled to compensation if the school or its agents were negligent in supervising their students. After a school-related injury, it is important to contact the school and document as much information about the incident as possible. If warranted, you should also contact local law enforcement to determine whether a crime was committed. If so, a criminal conviction may make it easier to establish civil liability for any injuries sustained. Anyone considering legal action against a school, teacher, or other party responsible for the care of children should contact an experienced Hammond personal injury attorney. An attorney will be able to help you determine whether you have a claim, and if you do, who you may be able to sue.

The bottom line is that bullying, school violence, and an unnecessarily dangerous school environment is unacceptable for our kids and we should all work to stop it. Contact our Milwaukee Car accident lawyer for a free consultation

Proven Results


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Woman suffering physical and emotional abuse at nursing home.


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Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

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"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
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"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
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"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
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"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
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"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.

Your Legal Team

Your Legal Team

Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

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Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

Best Personal Injury Lawyers Indianapolis
More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

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***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

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