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Can You File a Lawsuit If Your Child Was Hurt in a Florida School Bus Accident?

May 7, 2025

Bus Accidents

What Parents Need to Know After a School Bus Injury

School buses are supposed to be one of the safest ways for children to get to and from school. But accidents still happen, and when they do, the injuries can be serious and life-changing. If your child was hurt in a school bus crash in Florida, you may be wondering what rights you have and whether you can take legal action. 

The short answer is yes, you may be able to file a lawsuit. But these types of cases are more complex than the average personal injury claim. In many situations, government entities are involved, and special rules apply when seeking compensation. At Kemp Injury Law, we help families in Lakeland and throughout Florida understand their rights after a school transportation injury. Here’s what you need to know.

Who Can Be Held Liable for a School Bus Accident?

Liability in a school bus accident depends on who was at fault and the circumstances surrounding the crash. In many cases, more than one party could be responsible. Potentially liable parties include:

  • The school bus driver
  • The private company contracted to operate the bus
  • The local school district or county government
  • Another driver involved in the crash
  • A vehicle manufacturer or maintenance contractor

If the bus driver was negligent by speeding, ignoring traffic laws, or being distracted, the driver and their employer may be responsible. If another vehicle caused the crash, that driver’s insurance may be the target of your claim. Determining who is at fault is a critical first step and one that requires thorough investigation. Our attorneys work quickly to gather evidence, interview witnesses, and review bus camera footage or police reports to build a strong case.

Is Suing a School District or Government Allowed?

In Florida, many school buses are operated by public school districts, which are considered government entities. That means your claim may fall under the category of a government tort claim, a legal term for filing a lawsuit against a public agency. Yes, you can sue a government entity in Florida. But there are additional rules and restrictions, including:

  • You must file a formal notice of claim with the appropriate agency before filing a lawsuit.
  • Your claim must be filed within a limited time window, often shorter than the standard personal injury statute of limitations.
  • There may be a cap on the amount of damages you can recover from a public agency.

If the bus was owned and operated by a private company hired by the school district, the case may proceed like a typical personal injury lawsuit. Either way, you will want a legal team that understands both public and private liability scenarios.

What Types of Injuries Occur in School Bus Crashes?

Children involved in school bus accidents can suffer a wide range of injuries, even if the collision seems minor. Common injuries include:

  • Head trauma or concussion
  • Neck and back injuries
  • Broken bones or sprains
  • Lacerations and bruising
  • Emotional distress or post-traumatic stress

Some injuries may not be immediately apparent. Children may not fully communicate their symptoms, or trauma may develop over time. That’s why it’s important to have your child evaluated by a doctor as soon as possible, even if they appear unharmed.

What Compensation Can Families Recover?

If your child was injured due to someone else’s negligence, you may be entitled to compensation. A personal injury claim can help cover:

  • Medical bills, including future treatment or rehabilitation
  • Transportation to and from medical appointments
  • Therapy for emotional or psychological trauma
  • Pain and suffering
  • Long-term disability or developmental impact

As a parent or legal guardian, you can file a claim on your child’s behalf. The court may also appoint a guardian ad litem in some cases to represent your child’s best interests during the legal process. Our bus accident attorneys understand how overwhelming this process can be for families. We are here to protect your child’s future and hold the responsible parties accountable.

Call Kemp Injury Law After a Florida School Bus Accident

Florida law generally gives injury victims two years to file a personal injury lawsuit. However, if the bus was operated by a government agency, your deadline to file a notice of claim may be as little as six months from the date of the accident. Missing this deadline could mean losing your right to seek compensation entirely. That’s why contacting an attorney as soon as possible is so important.

If your child was injured in a school bus accident, you don’t have to handle the legal process alone. At Kemp Injury Law, we are dedicated to helping parents get answers, justice, and the financial support their children need to recover. Contact us today for a free consultation. Let’s talk about how we can help your family move forward with confidence and peace of mind.

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99 6th St SW Suite 204

Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
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Address:
99 6th St SW Suite 204 
Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
Phone: (863) 225-0254
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