what kind of lawyer to get if suing a college

You want an admin law attorney who has specific experience in university discipline matters, hopefully one who has prior experience with your university (an enormous advantage). This is a very specialized niche of legal practice and a lot of the procedures and rules are very counter-intuitive, even for general litigation attorneys. Helpful

Full Answer

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

Apr 01, 2017 · Education Law Attorney in Denver, CO. 4.4090909090909 stars. 22 reviews. AVVO RATING 8.6. Contact Attorney. 0 found this helpful | 1 lawyer agrees. Posted on Apr 1, 2017. Posted on Apr 1, 2017. Education lawyer may be able to help if the school made material misrepresentations.

Should I hire a lawyer for a campus safety lawsuit?

Oct 26, 2012 · You want an admin law attorney who has specific experience in university discipline matters, hopefully one who has prior experience with your university (an enormous advantage). This is a very specialized niche of legal practice and a lot of the procedures and rules are very counter-intuitive, even for general litigation attorneys.

What kind of lawyer should I hire for student law?

A plaintiff suing for negligence must prove four elements: duty, breach of duty, causation, and damages. In order to understand how negligence applies to campus safety issues, consider the following example: A college or university owed a plaintiff a duty to keep the campus safe;

How can a lawyer help you file a lawsuit against an institution?

Feb 13, 2017 · Richard Asselta is an award-winning education lawyer with offices in both Florida and New Jersey. He is experienced in defending students in all types of issues including college suspension and expulsions. Call The Education Lawyers today for a free consultation. We will fight to protect your future. 855-338-5299.

Christine C McCall

Attorneys widely experienced and skilled in student (university and college) disciplinary matters and in appeals of university and graduate level dismissals and expulsions are practitioners of administrative law.

James Michael Baron

It is hard to say from the question which type of lawyer you should consult with, because there are different specialties which might apply. For example, do you have any sort of disability? If so, you may want to consult with a lawyer who practices disability law.

How to sue a college for injuries?

If an individual intends to sue a college or university for their injuries, they must first be able to prove that the school was negligent in failing to keep its campus and students safe. One way to show this is by bringing a claim for premises liability.

What evidence should be used to prove that a college or university should be held liable for injuries?

Evidence that may support a claim that a college or university should be held liable for injuries include: Demonstrating that the institution was aware of the threat to safety or problem by using witnesses, prior incidents, and correspondence (e.g., if students consistently receive campus safety alerts).

How to determine if a school is negligent?

Some factors that may determine whether the school was negligent and thus may be held accountable include whether it could foresee that the student may be a threat to others, how much control the school had over its students during the time and in the location of where the incident took place, and whether the school was aware that it needed more safety measures (e.g., campus security).

What are some examples of unsafe conditions on campus?

Submitting pictures or videos that show unsafe campus conditions, such as rusty sports equipment, broken fences, and lack of lighting along pathways at night.

Who is Jaclyn from LegalMatch?

Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Jaclyn holds a J.D. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. from Fordham University, ...

Can an institution be held liable for alcohol?

Crimes involving alcohol (e.g., underage drinking). Whether an institution can be held liable will depend on a variety of factors, which will be discussed in further detail below. However, there are a number of other parties besides the institution who can be held responsible as well, including: The students;

Can a student sue a college for a cafeteria?

So, while it is clear that a student who slips and falls in their institution’s poorly maintained cafeteria will be able to sue that institution, it is not as straightforward when a random act of violence occurs on a college campus.

Why do students call me wanting to sue my college?

Students often call me wanting to sue their college. The reasons vary. Some have been kicked out or expelled from their program. Other students have been suspended or put on probation and they cannot attend classes. Some students feel that the school lied to them to get them to enroll. After enrolling, the program was not what was promised.

Can a demand letter be written for a lawsuit?

A well-written demand letter could achieve the same results in days or weeks versus years for a lawsuit. Sometimes suing a public school or private school is necessary and letters will not get the job done. But explore your options first. Make sure whatever lawyer you speak to goes through all of your options – not just ...

What is an education law attorney?

Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate.

What does a school district attorney do?

The school district will pay for the legal services directly without going through a law firm. Counsel hired by the district as general counsel usually handle daily legal questions, contractual issues and smaller lawsuits involving simpler laws, such as open records requests or procedural questions for school board meetings. However, these attorneys may also advise on more complex lawsuits, typically with the assistance of a firm or attorney separately hired for a specific lawsuit.

What is a slip and fall lawsuit?

Lawsuits brought by parents and students against a school district could be anything from a slip-and-fall case to a violation by the school district of local, state, or federal statutes. You'll need to hire a lawyer that specializes in the type of legal problem you're experiencing. For example, if your child has been injured on school premises, ...

What to do if your child is being bullied?

For example, if your child has been injured on school premises, you may need to hire a personal injury lawyer. If you think your child is being bullied, has special needs that are not being met or is facing discriminatory practices or harassment from educators and other staff, you'll need an education lawyer.

What happens when a school district and union disagree?

When the union and the school district are unable to reach agreement through negotiation or arbitration, the agreement occasionally proceeds to the courts, where a union attorney will represent the district's employees. As the parent of a student, however, this type of dispute is unlikely to involve you.

What happens if a school violates your admissions agreement?

If the school has violated your admissions agreement, you may have a claim for breach of contract and will need a contracts lawyer. The first step may be to speak to an education attorney and find out if she can help, or she can direct you to the appropriate type of attorney for the situation.

Can a district hire a single attorney?

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.

Why do students file lawsuits?

Sometimes when students receive a low grade or feel a professor or school has failed to deliver on their promise of a quality education, they may feel that a lawsuit is the way to go.

How many colleges are facing reimbursement lawsuits in 2020?

By June 2020, more than 70 colleges and universities throughout the U.S. were facing this type of reimbursement lawsuit. When dealing with these types of more tangible finances (room, board, etc.), it’s easier to calculate a student’s loss than something more vague, like tuition value. Either way, students will have to prove a breach ...

What are the issues colleges could be facing due to the outbreak?

Another issue colleges could be facing thanks to the outbreak is lawsuits due to the switch to online classes, which many students will find insufficient and over-priced.

Can a student sue a school for emotional distress?

Student have attempted to sue schools for emotional distress. These claims are unlikely to hold up in court, especially for college students. The school is under no obligation to care for their students emotionally and even so, often provide emotional and counseling resources for free or low cost.

Can you write a letter to a dean?

However, you shouldn’t write this letter alone. Having an attorney to help you write it, or even send it, on your behalf can indicate to the school that you take the matter seriously.

Can you sue a school for poor grades?

If you want to sue your school because you received a poor educations and/or poor grades as a result, you would likely be filing it under a breach of contract cause of action. When you were admitted, the school promised you a valuable degree- and you feel they aren’t delivering.

Do attorneys have peer reviews?

Attorneys that receive reviews from their peers, but not a sufficient number to establish a Marti ndale-Hubbell Peer Review Rating, will have those reviews display on our websites.

Does Martindale Hubbell confirm a lawyer's client?

As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martinda le-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. The content of the responses is entirely from reviewers.

Is Lawyers.com a part of the Martindale Network?

Lawyers.com is part of the Martindale Network

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.

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.

Why are there lawsuits against schools?

Courts have identified several reasons for rejecting lawsuits based on educational malpractice: 1 As a practical matter, it’s difficult to come up with a uniform standard of care for providing an adequate education, given the wide range of educational theories. 2 It may be practically impossible to prove that the teachers or school were responsible for a student’s academic shortfalls, because so many other factors may play an important role in learning, including the student’s home environment, attitude, and motivation. 3 On a policy level, courts have expressed a concern that unleashing a flood of educational malpractice lawsuits could place a serious burden on schools, especially financially strapped public schools. 4 And finally, judges are reluctant to get involved in telling schools how to do their job—particularly in the college or university setting, where academic freedom is highly valued.

What is educational malpractice?

In the context of educational malpractice, plaintiffs generally argue that schools breached their duty to provide students with an adequate education in basic academic skills, that school officials misled students into believing that their skills were at the appropriate grade level, or that the schools didn’t properly test children or place them in the right classes or programs.

What is the duty of care in a lawsuit?

In order to be successful, someone who sues for malpractice (the plaintiff) must prove that: the defendant owed the plaintiff a “duty of care” (meaning a legal obligation to provide services that meet reasonable standards) as a result, the plaintiff suffered losses (or damages).

Did a law student claim that his constitutional law professor regularly came late to class?

A law student claimed that his constitutional law professor regularly came late to class, ended classes early, or canceled them entirely, without providing make-up classes. ( Bittle v. Oklahoma City University, 6 P.3d 509 (Okla. Civ. App. 2000).)

Can a lawsuit be filed against a school?

Even when lawsuits against schools don’t use the words “educational malpractice”—focusing instead on specific conduct on the part of instructors or school officials—courts have generally frowned on any attempt to hold schools legally responsible for providing an inadequate education. In a few cases, however, students have been able to pursue lawsuits against educational institutions by making different kinds of arguments—for example, by claiming that a school broke a specific contractual agreement or made false promises.

Can you sue a doctor for medical malpractice?

Updated: Feb 5th, 2019. If an incompetent doctor provides substandard care that leaves you with ongoing physical problems, you can sue for medical malpractice.

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 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.

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 is federal law?

Discrimination: Federal law protects against discrimination. This includes discrimination that occurs in public schools. A person may be discriminated against based on their sex, race, national origin and disability, to name a few.

How to prove negligence?

It typically requires extreme negligence in order to be proven. A “Notice of Claim” must also be filed with the school system or the right government agency. Rules on how to file the Notice of Claim will vary by state.

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.

Can a school district be sued for discrimination?

In addition to extreme negligence, school districts may be sued under federal law for discrimination. Public school systems, as well as some private schools, take funds from the federal government. Federal laws, including discrimination laws, therefore apply. Discrimination may be based on a number of protected classes or categories.