Losing a loved one is a painful, emotionally draining experience. Losing a child can be almost too much for some parents to bear—especially if their death occurred at school or during a school-related activity. You trust a school to keep your child safe no matter what. You never imagine that tragedy could strike. Some schools neglect their duty to protect students, however, and the unthinkable happens.
If your child was killed in a school-related incident or on school property, pursuing compensation for the damages you've suffered may be the furthest thing from your mind. No amount of money can make up for losing your child, and taking legal action against a school seems like an overly complicated process. Why bother? Filing a lawsuit for the wrongful death of your child can help you find some relief and compensation for the monetary damages you've suffered.
What Is a Death on Campus Lawsuit?
Technically, you cannot file a lawsuit for “death on campus,” but you can file one for wrongful death against an educational institution. You can also file for reckless negligence, depending on the nature of the incident. Wrongful death is a legal term that means that the death of one person occurred due to the negligence or action of another person. Typically, these types of suits are more common between two individuals, but it is possible for wrongful death to occur between an individual and an entity, such as a school or school district.
Wrongful student death claims usually involve four elements:
- The death was caused by the conduct of the defendant (in this case, the school).
- The defendant was negligent.
- There is a surviving applicable family member.
- There have been monetary damages as a result of the child's death.