Legal Question in Personal Injury in California
school teacher
my 10 yr old daughter and11 other students were touched wrong by a teacher in april 2006 he was convicted of 1 count 11 counts were dismissed my daughters count was the prosecuting case ...when all was over district attorney personally told me that a few years down the road they would have him good precautions have been taken to make him trip himself up cause hes a slime ball as our district attorney said do i have time to sue before statue runs outs there is so much to this case with people involved it will make you sick
3 Answers from Attorneys
Re: school teacher
The statute for a suit against the individual is two (2) years, so there it still time--but probably no real recovery potential since he's in jail.
An action against a school district requires governmental tort claim action compliance by a claim filing, and that time has run, so that option is probably time barred.
Re: school teacher
It may still be possible to maintain a claim against the school distrcit, but speed is essential! I will need more facts, especially the date of conviction. Please visit my website www.stone-molloy.com and send me the details via my web form.
Re: school teacher
Your daughter has time to sue, up until her 20th birthday. However, claims against a governmental agency require a claim to be filed within 180 days in most cases. We have been successful in getting around the rule in children's cases. So there still may be time.
If the school has some responsiblity and it is a private school, the 180 day rule would not apply.
Call if you would like to discuss this matter. Consultations are fee and totally confidential.
John Bisnar
www.bisnar-chase.com