If you are in a state where you need to sue a school, be it elementary school, high school, college or any type of school and you are not sure on the type of lawyer to hire for your case, then you’re at the right place.
In this article, I will walk you through the types of lawyers you may be needing to file a lawsuit against a school, with a comprehensive list of step-by-step Procedures on how to go about it to ensure you get the right justice for the school you’re suing and get the best compensation you deserve.
Reasons to Sue A School
There are quite a number of reasons why you may want to sue a school, which includes:
Injuries: you can sue a school if your child sustains injuries due to the school’s negligence, which may arise as a result of slip and fall scenario either from inadequate supervision of the school to the child or due to poorly maintained surface.
Bullying: You may sue a school If your child is being bullied and the school did not take an appropriate action to address bullying that causes an emotional or physical harm to the affected child.
Discrimination: you may sue a school If your child is experiencing discrimination as a result of disabilities, religion, race, gender and ethnicity at school.
Sexual Abuse or Harassment: you should sue a school immediately you find out your child is being harrased by a member or another student at their school for prompt legal action.
Failure to Provide Appropriate Education: you may sue a school If a school fails to address a disability, or they fail to make available free appropriate public education (FAPE) as mandated by the law.
Invasion of Privacy: you may sue a school If the school releases inappropriately private information regarding your child.
Wrongful Death: you may sue a school If your child dies in tragic circumstances as a result of the school’s negligence.
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Types of Lawyer Needed to Sue A School
There are three types of attorneys you need to sue a school, which includes:
Education Attorney
The education lawyers are the top recommended lawyers when it comes to suing a school. They have the expertise on education law and understand all the intricacies of suing schools.
Civil Rights Attorney
Civil rights lawyers are one among the three types of lawyers that you need to sue a school. Although, they are specialized in violation or discrimination of children rights.
Personal Injury Attorney
Another type of lawyer you need to sue a school is a Personal Injury Lawyer. You may need the service of a personal injury attorney to sue a school If your child sustains injuries as a result of the school’s negligence. However, you should look for a personal injury lawyer who has experience in school lawsuits.
What to consider when looking for a lawyer to sue a school
There are several things to look for when considering a lawyer to sue a school, these includes:
Lawyer’s experience
Look for a lawyer that has experience and understands education law and.
Lawyer’s Case Portfolio
Don’t hesitate to ask the lawyers to share examples of past cases they have handled that are similar or relevant with your case.
Track Record
Look for a lawyer who has a track record of success in suing schools with cases that possess similarities with yours.
Comfort Level
Look for a lawyer you feel comfortable talking to openly & honestly regarding every detail about your case.
Responsiveness
Look for a lawyer you can promptly communicate with, and can address your questions & concerns effectively.
How much does it cost to sue a school?
It is quite difficult to give an exact cost for suing a school, this may vary as a result of the case. Some case may be complex, however here are few factors that may influence the price of suing a school:
1. Retainer: a lawyer may require an upfront retainer, a retainer is an amount deposit a client may pay towards your case legal fee as they accrue.
2. Hourly Rate: Education lawyers charge clients based on hourly agreement, the charges may vary depending on the case complexity, lawyer’s experience and the location of the case. However, you should expect a minimum hourly rate range of $150 – $500 or more.
3. Contingency Fee: Some lawyers may clients based on contingency. They only get paid when you win, and their fee is based on the percentage of the awarded damages.
4. Case Complexity: A complex case which requires depositions, extensive investigation and expert witnesses may have a higher cost when compared to a less complex case.
5. Length of the Lawsuit: Simpler cases tend to be resolved quickly and will be cheaper when compared to cases that prolong for months or years to resolve.
6. Court Costs: you will be required to pay for filing fees & other court-related expenses associated with lawsuits.
Generally, here is a rough estimate on how much it cost to sue a school:
A low low-complex case may start from $5,000 – $10,000
A moderate-complex case may start from $10,000 – $25,000 or more.
A high-complex case may start from $25,000 and above.
Note: this is a rough estimate, it’s important to consult with an education lawyer to get a potential cost of their fee for suing a school in your specific case.
FAQS
Here are frequently asked questions and answers to what kind of lawyer do i need to sue a school:
How much can you sue a school for emotional distress?
Suing a school for emotional distress can vary depending on the specific individual case and the location. However, the price range of suing a school for emotional distress may start from $5,000 to $25,000 depending on the complexity of the case and other related factors associated with your case.
How can I find Lawyers for school issues near me?
There numbers places to find a lawyer to sue a school near you, these includes:
Local Bar Association: your local bar association is the first place you should consider when looking for a lawyer to sue a school. They can provide you with the best lawyers that are specialized in education law close to you.
Online directories: You can search for lawyers on google who list themselves under school law or education law. This can be done by typing “Education Lawyer or School lawyer near to me”. For example, “school lawyer in Oakland California”.
Can you sue a school for bullying?
Yes, you can sue a school for bullying, either bullying by a staff member or another student when the school fails to take appropriate action.
How to sue a school as a kid
As a kid, you can’t sue a school If you are below the age of 18. Kids who want to sue a school can do so by involving their parents or guardian to take up the case. However, parents/guardians who are want to sue a school with less knowledge can find more information with the link provided below:
Department of Education: https://www.ed.gov/
National Education Association: https://www.nea.org/
Parent-Teacher Association: https://www.pta.org/.
Conclusion
If you are looking for a lawyer to sue a school, you can explore all the options we provide above. You may need an education lawyer, civil rights lawyer or personal injury lawyer depending on your specific case. It’s important to look for a lawyer who has an experience that is similar to your case with a track record to get the best representation for yourself or your kid.