what kind of lawyer would handle me suing a school bus company

by Maeve Marks 8 min read

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

May 06, 2016 · Advocates of banning the cap are filing motions with the Supreme Court. Free Consult with a Pennsylvania School Bus Accident Lawyer. For help pursuing a suit against the school district for a school bus accident, contact Cordisco & Saile LLC. Call 215-642-2335 for a free consultation or fill out the easy contact form.

Can you sue a bus company in court?

Nov 25, 2016 · 1 attorney answer. You are not clear if this was a school bus. Either way, a school bus or public transportation, it appears that there may have been improper conduct toward your daughter. There needs to be an administrative investigation, at a minimum. Schools are very concerned if a child tries to leave a bus at a stop which is not the child ...

How do I file a complaint against a school bus company?

Dec 04, 2018 · Lawsuits between a school district and its employees typically fall under collective bargaining agreements and so will be handled by an attorney working for the teacher's union. In addition, union attorneys are frequently used in the course of negotiating a collective bargaining agreement. When the union and the school district are unable to ...

Can I sue the school district I work for?

Balance the amount of damages you have suffered against the costs it will take to sue the company. If necessary, speak to an attorney to help you estimate the costs of initiating a lawsuit against the bus company. Draft the complaint. Name the bus company as the defendant and name the bus driver as co-defendant.

1 attorney answer

You are not clear if this was a school bus. Either way, a school bus or public transportation, it appears that there may have been improper conduct toward your daughter. There needs to be an administrative investigation, at a minimum. Schools are very concerned if a child tries to leave a bus at a stop which is not the child's designated stop.

Mark Steven Kamleiter

You are not clear if this was a school bus. Either way, a school bus or public transportation, it appears that there may have been improper conduct toward your daughter. There needs to be an administrative investigation, at a minimum. Schools are very concerned if a child tries to leave a bus at a stop which is not the child's designated stop.

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 union attorney?

In addition, union attorneys are frequently used in the course of negotiating a collective bargaining agreement. 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.

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 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 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.

What happens if a school bus accident is caused by a private school?

Private Schools, Companies and Driver Liability. If the school bus accident was caused by the negligence of a private school and/or one of its employees (i.e. the driver), or was the fault of a driver who is employed by a private company (as opposed to a public school district), you probably won't have to worry about the Notice of Claim process.

What are the causes of school bus accidents?

But seen in a larger light, a "school bus accident” can also include: 1 falls while entering or exiting the bus 2 trips and falls onboard the bus, perhaps due to a dangerous condition (i.e. a defect in the flooring), and 3 a pedestrian or bicyclist struck by a school bus, and

How long does it take to file a lawsuit in New York?

Usually, once that time period passes (in New York, it's 30 days ) and the claim is denied or no action is taken, the claimant can proceed to filing a lawsuit in court. In this way (and in the context of a school bus accident case) the Notice of Claim serves as a sort of prerequisite to filing a personal injury lawsuit in civil court.

What is school liability?

School/District Liability and the "Notice of Claim" Process. After a school bus accident in which a child is injured, making a claim against the school itself (or the school district) is usually the first kind of legal action considered by parents. Since most schools are part of a district or larger public education system run by a municipal (city, ...

What is a notice of claim against a school district?

A Notice of Claim against a school district usually must describe the underlying accident, the nature of the government's role in causing it, and the specific amount of compensation you're asking for.

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.

How long does it take to serve a notice of claim for a bus?

Is the child getting counseling. If this is a bus provided by the government you may have to serve a Notice of Claim within 90 days.

Did the school bus driver hurt a child?

No, there was no injury. You should talk with the transportation supervisor, though. Small children falling asleep and missing their stop is a known problem among school bus drivers and they are required to inspect the bus when done with their run.

How to file a lawsuit against a school district?

In most cases, you must work with the school district to resolve any problems before you can file a lawsuit. Check the district's website and look for a phone number or address you can use to file a complaint.

How to sue a school for a violation of your child's constitutional rights?

Article Summary X. To sue a school, first decide if you have reasonable grounds to sue, such as the school violating your child’s constitutional rights . Gather any evidence you have of the offense, such as staff and student statements, copies of emails, and photos.

What happens if you are not satisfied with the actions taken by the school district?

If you're not satisfied with the actions taken by the district, you may have the ability to sue the school and the school district at that point.

How long does it take to respond to a school's notice of intent?

In most cases, if you're going to sue a public school, you must first send the school or school district a notice of intent to sue and give them an appropriate amount of time to respond, typically 30 days. Many school districts have a form you can use for your notice of intent to sue.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Can you sue a school for negligence?

For example, if your child falls down and gets injured in the lunchroom, you typically can't sue the school. Schools can't be sued for simple negligence.

Can a school district fight a motion to dismiss?

For this reason, if you haven't hired a lawyer yet, now is a good time to do so. If you represent yourself, your case may not survive a motion to dismiss. On the other hand, the school district may decide not to fight your lawsuit and offer a settlement instead. Consider the settlement carefully.

Why do schools have to be thoroughly researched before suing?

Because of the intricacies of suing a public entity, the relevant laws and school policies must be thoroughly researched before pursuing a lawsuit. For instance, defining what constitutes bullying is relegated to local school districts in some states.

Why is it important to sue school districts?

Whether you’re pursuing a lawsuit for bullying-related conduct in state or federal court, representation by a personal injury or wrongful death attorney with experience suing school districts is important because these cases can be quite complex.

How does teasing become bullying?

While teasing can become bullying, several factors differentiate bullying from day-to-day teasing. Teasing can rise to the level of bullying behavior if it includes these factors: Aggressive tone. Repetition of actions aimed at threatening or hurting the victim. Refusal to stop when the victim gets upset.

What are the requirements for success in pursuing a lawsuit?

The requirements for success in pursuing a lawsuit will depend on the impact on the victim, the nature of the bullying conduct, the identity of the victim, and the party against whom the lawsuit is filed.

What is bullying law?

The definition of bullying varies from state to state, but the term generally refers to physical, mental or verbal acts by a student to intimidate, harass or otherwise harm another student. It’s an all-too-common phenomenon, and it can have devastating consequences.

What is school bullying?

Department of Health and Human Services (HHS) has settled on a similar definition of school bullying: “unwanted, aggressive behavior among school-aged children that involves a real or perceived power imbalance” that is repetitive or poses the possibility of repetition.

Does bullying have to happen during school hours?

Bullying activity does not have to occur during school hours or on school premises, but these details can affect the legal rights of the victim. An experienced school bullying attorney can accurately evaluate the situation to determine the best course of action.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

Types of School Bus Accidents

  • Most people will hear the term "school bus accident" and think of a typical motor vehicle accident, resulting from negligenceon the part of one or more drivers. That's certainly one variety. But seen in a larger light, a "school bus accident” can also include: 1. falls while entering or exiting the bus 2. trips and falls onboard the bus, perhaps du...
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School/District Liability and The "Notice of Claim" Process

  • After a school bus accident in which a child is injured, making a claim against the school itself (or the school district) is usually the first kind of legal action considered by parents. Since most schools are part of a district or larger public education system run by a municipal (city, county, township) or state government, the school or district likely benefits from certain legal protection…
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Private Schools, Companies and Driver Liability

  • If the school bus accident was caused by the negligence of a private school and/or one of its employees (i.e. the driver), or was the fault of a driver who is employed by a private company (as opposed to a public school district), you probably won't have to worry about the Notice of Claim process. You can likely make an injury claim against the private school or company directly, eith…
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Getting Help

  • This article provides a snapshot of some of the liability issues that can arise when a child is injured in an accident involving a school bus. It's not an exhaustive discussion, of course. For example, a school bus accident can also be caused or compounded by defective equipment or a mechanical issue that renders the bus unsafe. A case like that involves a whole slew of separat…
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