what kind of lawyer sues a school in georgia

If you sue a school district, the district will hire its own counsel. The district may hire a single attorney, or it may hire an entire law firm. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses.

Full Answer

What kind of lawyer do I need to sue a school?

An education or administrative law attorney can represent you if you wish to file a lawsuit against a school. Reviewed by: Rebecca K. McDowell, J.D. If you need to sue a school or school district, the type of lawyer you'll need to hire depends upon the type of the lawsuit and the scope of the matter.

Can I sue a private school?

It is very important to consult with a school law attorney if you feel you may have a cause of action to sue a private school, private college, or private university. Having an education lawyer on your side is the first step in trying to right a private schools wrongs.

What can a teacher Sue a school district for?

For example, a teacher may sue a school district for wrongful termination, workers’ compensation, and/or claims relating to wage and hour issues. Disabilities and special education programs: School districts must comply with strict regulations concerning students with disabilities.

Can a law firm help a school district in court?

In some lawsuits, law firms will also provide attorneys with litigation expertise to assist in court, especially in large complex cases like class action suits. School District Counsel. Occasionally a school district will retain an individual attorney who serves in a legal capacity for a school district.

Can you sue a school in Georgia?

The law considers public schools part of the government. In Georgia, sovereign immunity covers the government and its employees, which means you can only sue the school in two situations: It permits you to do so. There is a law allowing lawsuits for something specific.

How do you sue a school?

You must file a lawsuit in a court that has jurisdiction over the school and the incident that took place. Typically this will be a court in the same city or county where the school is located. You also must choose between state or federal court. In most cases, you'll file your lawsuit in state court.

Can you sue a county in Georgia?

You Can Sue the County in Georgia After Car Accidents and Collisions. But for most other purposes, the County and it's subsidiary branches are immune from suit.

How do I sue the state of Georgia?

Before you can sue the state of Georgia, you must provide ante litem notice, just as you would when suing any government entity in Georgia. This is basically an overview of how you sustained your injuries and evidence to show how a Georgia state agency was liable. In other words, it is your injury claim.

Can you sue a school for mental distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered.

What is educational negligence?

Educational negligence is a serious issue which can impact not only on a child's school life but on their future ambitions or career choices. It can take many forms from a failure to provide an acceptable standard of teaching to ignoring non-attendance or not catering for special educational needs.

What can you sue for in Georgia?

General DamagesPain and suffering.Physical impairment, including permanent disability.Lowered quality of life.Mental anguish, including depression or anxiety.Disfigurement.Loss of companionship, such as if a loved one was killed in the accident.

What is the Georgia Tort Claims Act?

I. THE GEORGIA TORT CLAIMS ACT II. provides: This Article constitutes the exclusive remedy for any tort committed by a state officer or employee. A state officer or employee who commits a tort while acting within the scope of his or her official duties or employment is not subject to lawsuit or liability therefor.

What is a tort in Georgia?

A Georgia statute defines a "tort" as "the unlawful violation of a private legal right other than a mere breach of contract, express or implied," and states that "a tort may also be the violation of a public duty if, as a result of the violation, some special damage accrues to the individual."

How much does it cost to file a civil suit in Georgia?

Civil Case Filing FeesCivil Action: CASES WILL NOT BE FILED AND WILL BE RETURNED WITHOUT FILING FEES PAID IN FULL UPON RECEIPTEach additional address and defendant served$ 50.00Total Fee with one service$260.50Garnishment:Filing Fees without service$210.5035 more rows

What kind of lawyer do I need to sue a company?

Therefore, if you decide you want to sue a company, it may be in your best interest to consult a local business lawyer for further legal advice. An experienced business lawyer can discuss whether you have a viable claim and what your best options are for legal recourse.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

What does an education lawyer do?

Education lawyers represent parents and their children in cases involving students' access to public school education, rights of special needs students under the Individuals with Disabilities Education Act (IDEA), discrimination in education, and more.

What can an attorney do for an IEP?

These attorneys can: Build a case for your child's eligibility for an individualized education program (IEP). Guide you through the IEP meeting preparation process and potentially attend the IEP meeting with you. In some instances, attorneys may even participate in the IEP drafting process.

Dawn R. Smith

Connect with a local Atlanta, GA attorney with proven experience helping clients with Georgia schools & education issues.

Christopher E. Adams

Connect with a local Atlanta, GA attorney with proven experience helping clients with Georgia schools & education issues.

William A. White

William A. White is experienced handling Georgia schools & education cases in the Atlanta area.

Schools & Education Law

Are you a parent of a special needs child and want to understand what education options are available to your family?

Who Am I Suing?

Know ahead of time that when you try to sue a public school, you are actually suing the government. Why is that important? Public schools, as government institutions, enjoy special government immunity from certain kinds of liability.

Public vs. Private Schools

If your child attends a private school you'll probably have a relatively easier time bringing a lawsuit. Government immunity laws don't protect private schools unless they receive federal funding. Your options include a suit for negligence, breach of contract issues, or simply filing a claim with the school's insurance policy.

Grounds for Your Lawsuit Against a Public School

There are several reasons you may want to file a lawsuit against your Atlanta public school district. If your child was injured at school, you might want to file a negligence lawsuit. Other reasons parents sue their school include:

But Isn't the Government Immune From These Lawsuits?

Like we mentioned before, the county and its employees are immune from most lawsuits. Check out O.C.G.A. section 36-1-4 if you want to see for yourself. However, if your child was injured or killed on a bus or other school-operated motor vehicle, you can sue outright.

Can I Personally Sue a Teacher or Administrator Employed by the County?

If you can't sue the school district, you can try suing the actual teacher. In Georgia, you can personally sue the teacher or administrator (not the County), but only for intentional acts or those done with malice. You can almost always bring suit against a government employee for physical and sexual abuse, battery, assault and false imprisonment.

Can I Personally Sue a Teacher or Administrator Employed by the County For Negligence?

Now the waters get murky. What if the teacher is merely negligent and my child gets hurt? Well, the law is protective of teachers, countywide school board members, educators, principals and, school resource officers employed by the school district.

The Role of Ante Litem Laws When Suing a School Entity in Georgia

Last, but not least, you should know that any time you sue the government in Georgia, you'll have to follow the "ante litem" laws. Ante what? Simply put, it means there is a strict time limit and notice requirement for filing your claim against the school district or school employee.

Who is liable for a lawsuit against a school district?

The following are commonly named as defendants in a school lawsuit: Principals and vice principals; Teachers; Coaches; Counselors; and/or. Individual school employees.

What is educational malpractice?

Educational Malpractice: Failure to properly or satisfactorily educate a student can sometimes open up the school to liability. Most of the causes listed above involved a parent suing the school system on their child’s behalf. Teachers and other employees of a school district may also have cause to sue: Improper Discharge of a Teacher: A teacher ...

What to do if your child is a victim of school?

If you believe your child has been the victim of illegal activity by the school system, or if you are an employee of the system and believe you’ve been the victim of illegal activity, you may want to contact a local government law attorney.

Which amendments prohibit discrimination based on gender?

Title IX of the Education Amendments of 1972: Specifically prohibits discrimination based on sex. Some courts have interpreted this to include discrimination based on gender/gender identity. Sexual harassment is also a type of discrimination based on sex.

Can a school district be held liable for harassment?

The district may also be held liable for the harassment of one student by another. Improper Expulsion: if a student was expelled improperly, and has gone through all administrative remedies, they may be able to sue the school.

Is excessive punishment appropriate?

Regardless, excessive punishment is not appropriate. Bullying: The school and its employees fail to stop bullying of a student. Failure to Supervise: The school district may face a charge of negligence when a student is injured while not being supervised appropriately. Sexual Misconduct: Sexual harassment is a form of sexual discrimination.

Is religious discrimination a federal law?

Religious Discrimination: Although this is not explicitly listed in the above-mentioned federal laws, students are free to practice their religion. Also, the religious discrimination a student experiences is likely to occur along with discrimination based on national origin, which is actionable.

How to sue a school?

Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School. Each school district has a special process that a plaintiff will be required to adhere to before they can file a lawsuit against the district or a particular school in court. Although these procedures can vary widely from school district ...

Why do people sue schools?

There are many reasons as to why a person would want to sue a school district. To be a valid action, however, the lawsuit must concern certain legal issues, such as discrimination, sexual harassment, and willful or intentional negligence. Some claims may not suffice to bring a lawsuit against a school. An example of when it may be possible ...

What are some examples of causes of action in school districts?

Some common examples of different types of causes of action that are the basis of many school district lawsuits include: Sexual harassment and misconduct: A claim involving sexual harassment and/or misconduct may involve verbal or physical acts that are sexual in nature. While such causes of action in a school district lawsuit will normally be ...

What is the most important step in a school district lawsuit?

One of the most important steps in suing a school district is determining the cause of action. A “cause of action” is a legal term that refers to the set of facts that establish the grounds to justify bringing a lawsuit. Basically, if a plaintiff can demonstrate that a certain set of facts would allow them to seek redress against another party ...

What happens if a school fails to meet the requirements for special education?

If a particular school or an entire school district fails to satisfy these conditions, then a student will have a right to file a lawsuit under the Individuals with Disabilities Education Act.

What is administrative complaint?

An administrative complaint is a document that gets submitted to a government agency in the state where the school district is located. In most cases, this is usually the state’s department of education.

What is the cause of action for discrimination in a school district?

Discrimination: A cause of action for discrimination can arise when a school district employs “selective admission” practices.

Examples of School District Cases

Many school district cases involve negligence on the part of school board officials or school administrators. Regularly, these and other parties fail to properly supervise students and the school district employees tasked with serving them. In a toxic school environment, students may fall victim to many forms of suffering.

Choosing the Right Lawyer to Sue School Districts

Today's school districts are aware of the risk of legal action. In fact, many possess formidable representation. However, don’t let this discourage you from pursuing legal action. With the right lawyer in your corner, you can hold school districts accountable for their failure to protect your children and their peers.

Why Morgan & Morgan?

Since school districts tend to have daunting legal representation on their side, when it comes to holding these districts accountable, size matters. All law firms are not the same. Morgan & Morgan has more than 700 attorneys nationwide fighting for the rights of victims.

Why is it important to consult with a school law attorney?

It is very important to consult with a school law attorney if you feel you may have a cause of action to sue a private school, private college, or private university. Having an education lawyer on your side is the first step in trying to right a private schools wrongs.

What is negligence in school?

Negligence means that the school had a duty to you. Perhaps it was a duty to provide you with certain things, or a duty to follow its policies, or a duty to keep you safe. If the school fails or “breaches” that duty, you may be able to assert a negligence claim. There are simply too many scenarios to go into that may bring about a negligence claim. These kind of negligence claims are typically not the same as getting in a car accident, so a lawyer who is familiar with education law and school law is essential to assist you.These are just three of the most popular actions that could be brought against a private school, private college, or private university in a lawsuit. This list is by no means exhaustive and there are certainly other causes of action that might be brought against a private institution. Every case is unique, so the type of claim or claims that can be brought depends on your specific situation. It is very important to consult with a school law attorney if you feel you may have a cause of action to sue a private school, private college, or private university. Having an education lawyer on your side is the first step in trying to right a private schools wrongs.

What happens if you don't get into a private school?

When you enter a private school, you usually sign some type of admission agreement or other document. You then pay money to the school and in return, expect certain things. If the school does not provide you with those things, you probably have a claim for breach of contract.

Who is Asselta Law?

Asselta was the attorney for a large public school district. He draws upon the knowledge gained from the other side of the table to work with teachers and students on legal issues in all education settings. Asselta Law advises clients throughout the United States.

Can a private school be sued?

However, being a private school or private college, does not exempt them from being sued by those they have wronged. Here are the top three most common claims for a lawsuit that can be filed against private schools, private universities and private colleges. 1. Breach of Contract Claims.

Is a school negligence case the same as a car accident?

These kind of negligence claims are typically not the same as getting in a car accident, so a lawyer who is familiar with education law and school law is essential to assist you.These are just three of the most popular actions that could be brought against a private school, private college, or private university in a lawsuit.

William J Popovich

If the school is accredited you got what you paid for. Some school is always the "worst of the legal". But still legal. Unfortunately, the time to check how "people look at them" is in online research before you commit to go. But if they are accredited she should be able to find an LPN to RN program, just maybe not the one she wants to use.

Matthew Scott Berkus

Probably no recourse, if the school is accredited (which it is, schools cannot operate for long without accreditation), there is little to know recourse. How the market views a program is not something in the school's control.

Eliot M. Wolf

Education lawyer may be able to help if the school made material misrepresentations. If they were a recognized accredited program this may be difficult.

Who Am I Suing?

Public vs. Private Schools

Grounds For Your Lawsuit Against A Public School

But Isn't The Government Immune from These Lawsuits?

Can I Personally Sue A Teacher Or Administrator Employed by The County?

• If you can't sue the school district, you can try suing the actual teacher. In Georgia, you can personally sue the teacher or administrator (not the County), but only for intentional acts or those done with malice. You can almost always bring suit against a government employee for physical and sexual abuse, battery, assault and false imprisonment.

See more on findlaw.com

The Role of Ante Litem Laws When Suing A School Entity in Georgia

Other Possible Remedies