what type of lawyer do i need to sue my university

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 college or university?

You may wish to consult with an attorney to find out whether you are able to sue a college or university in your state. If you decide to file a lawsuit against the college or university, a government attorney will be essential to helping you navigate through the complicated legal system. Ken joined LegalMatch in January 2002.

Should I hire a lawyer for a campus safety lawsuit?

Therefore, if you are involved in a campus safety lawsuit, you should strongly consider hiring a local personal injury lawyer for further legal guidance. An experienced personal injury lawyer will be familiar with the laws in your state and any changes in the law.

Do I need a government attorney to file a college lawsuit?

If you decide to file a lawsuit against the college or university, a government attorney will be essential to helping you navigate through the complicated legal system. Ken joined LegalMatch in January 2002.

What Damages are Available in a Campus Safety Lawsuit?

Depending on if the case is successful, a student may be able to recover a number of different remedies or types of legal damages, including:

What Must I Show to Prove That the College or University Is Liable?

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.

Can I Sue a Public University or College for My Injuries?

Rather than being viewed as a private entity, public institutions are typically considered a form of government entity instead. An individual may be able to sue a public or semi-public institution, so as long as it is permitted in the jurisdiction where the school is located.

Who Is Liable for Campus Crimes?

There are several types of crimes that frequently occur on college campuses. Some of these crimes include:

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).

Can a student sue for a campus injury?

For instance, if an institution knows that its campus is not safe and repairs as well as security cameras need to be installed, then a student who gets injured on campus due to the institution’s failure to fix these issues will be able to sue for resulting injuries.

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;

Do I Need an Attorney to Sue My College or University?

You may wish to consult with an attorney to find out whether you are able to sue a college or university in your state. If you decide to file a lawsuit against the college or university, a government attorney will be essential to helping you navigate through the complicated legal system.

Can a private university be sued for breach of contract?

Can I Sue My School for Breach of Contract? Private universities can be sued for breach of contract, as can public universities when allowed by statute or the state legislature. However, in some states you may only make a breach of contract claim, or any claim, against a public university when it does not enjoy immunity.

Do school officials have immunity?

Another view is that state school officials have qualified immunity as long as their actions were reasonable. This means that to have immunity the employee must be able to show that he or she was acting within the scope of his or her discretionary authority, and that he or she was acting in good faith.

Can school officials be sued?

One view is that state school officials cannot be sued for their normal work activities. State employees are immune unless they acted outside of the scope of their responsibilities, or they acted with malicious purpose, bad faith, or in a reckless manner.

Can I sue a college for injuries?

Can I Sue a College or University for Injuries? Yes, private colleges and universities are treated as private corporations, and can both sue and be sued. However, universities or colleges which are public or semi-public can generally not be sued, unless state statute or the state legislature has authorized it.

What are the Pros and Cons of a Student Suit against their University?

The time and effort it takes to sue a university is demanding , which is why it’s important to carefully weigh out the pros and cons of the process:

What Else Can DoNotPay Do?

Not only does DoNotPay help students sue their universities, but it also offers a wide range of accessible services and assists you with:

What happens if you pay fees in exchange for educational services?

Breach of contract. If you pay fees in exchange for educational services, the university has a contractual obligation to provide such services. If these contractual obligations are violated, you have grounds to sue them and are entitled to compensation for damages.

What happens if you find out the degree classification is wrong?

If you find that the degree or grading system of the University is biased or specifically unfair to you, you can take this grievance to small claims court.

Can a student file a complaint against a university?

Universities and colleges have obligations towards their students either by law or by contract. If these obligations are violated, students (or applicants) have the right to file a complaint against the university. However, before suing a university in small claims court, the student would have to go through the university’s internal complaint process before taking legal action.

Does DoNotPay help students sue their universities?

Not only does DoNotPay help students sue their universities, but it also offers a wide range of accessible services and assists you with:

Can you sue a school for discrimination?

It’s against the law for schools to treat students unfairly because of their race, gender, sexual orientation, religion, or disability. If you have been a victim of or witness discrimination, you have the right to sue the school.

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.

What to do if all else fails?

If all else fails, publicly shame the institution for what its worth - you are entitled to your opinions.

What to do before you talk to a lawyer?

Before you talk to a lawyer, make an appointment to talk to whatever governing body controls your school especially if this is a public school. You could also go to the dean of your college or the college's president to see if something can be worked out.

What is the Academic Deference Doctrine?

The rationale behind ADD is controversial, but goes something like this: Since academics are the best judges of academics and certainly, better than the average jurist, the court “defers” to University decisions of academic matters.

Why did the contractor file a lien against York?

The contractor successfully filed a lien against York because the station was on its property.

Can I sue a university?

Well, you would need a legal basis to sue the university of course. I suggest that you talk to a lawyer to (a) make sure you in fact have a legal basis and (b) to actually manage the potential suit for you. You will want to look for someone who focuses on whatever it is you want to sue about. An education lawyer if you are talking about matters related specifically to your education, a personal injury lawyer if you were hurt, a civil rights attorney if your rights have been violated, and so on.

Can you prove that quality of delivered course material fell short of promised objectives?

If, you could prove that quality of delivered course material fell short of promised objectives and you have material evidence, yes .

Can I get a job after graduation?

If you enrolled under duress or false promises of a job after graduation, yes. If you were guaranteed a ROI on your investment, yes.

What are my options if I can’t afford to sue a public college or private college?

I strongly recommend a Demand Letter – I have had great success in getting students what they deserve using a demand letter . The fees are cheap and many times get the student what they want from the school without suing.

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 are some common claims that might be brought?

Fraud or negligent misrepresentation is another common claim that might be brought. You are deciding on enrolling in a particular school. You read things put out by the school. For instance, the school promises particular classes, or sports, or career training. Maybe you speak to someone from the school and they tell you these things verbally. Based on what you were told or read, you decide to enroll. Once enrolled, you find out that these things were not true. You have been induced to enroll because of those false or misleading statements. You have an action for fraud or negligent misrepresentation.

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.

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 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.

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.

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.

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 teacher's union handle a lawsuit?

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 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.