Legal Question in Personal Injury in California

Re: student abuse

It depends on your relationship with the child. The child may have causes of action to sue the district and teacher. If you are related to the child, you may, too. There are certain very strict timelines and you need to consult with an experienced attorney as soon as possible. Good luck and thanks for your question.

Re: student abuse

Ideally, the abuse is not significant and a talk with the teacher is sufficient to stop any harm.

If the abuse is significant (such as sexual abuse) the school may not be aware of the problem. You should notify the school district in writing. You should request a reply in writing.

If you intend to file suit, you should contact an attorney and have them file a claim that conforms with the six month claims statute to file claims against public entities in California. Filing a claim within six months assures your right to bring suit if the facts support the suit. Such claims are routinely rejected in writing and are deemed rejected by operation of law if not formally rejected so that suit may be filed.

If the claim is not serious (one that will not compensate for significant damages), I recommend you deal with it at the school board level to see if you can get satisfaction.

Re: student abuse

Hi,

Sorry to learn of the situation. I will need more information to evaluate the case, but the student and his/her parent or guardian (collectively "Plaintiffs") may have a lawsuit. The Plaintiffs should be advised to contact me (415/364-1604) or another experienced attorney immediately because all claims will be barred forever if the lawsuit is not filed in time. Make sure the student preserves all evidence and does not discuss the case further with anyone other than his/her attorney. Otherwise, the case may be jeopardized.

Thank you for contacting me about this case. I look forward to hearing from you and the Plaintiffs soon.

Very truly yours,

Russ Martin

(415)364-1604

[email protected]

Re: student abuse

By filing the appropriate claim notices per the Govt Code, following them up with Summons and Complaint, and pursuing the matter to trial, assuming you have the facts and proof to justify your claims. Unless you already know the proper rules and requirements of court procedure and evidence for claims and lawsuits, and are comfortable representing yourself against the other side's lawyers, you are going to need to hire your own attorney to avoid damaging your case. Contact me if interested.