Losing a child is unbearable for a parent. When your child was taken from you in a terrible accident such as a school shooting, it can make you feel angry and upset as well as devastated. If a school, college, or university is to blame for the murder or manslaughter of your child, you may be able to hold the school responsible for its negligence by filing a lawsuit.
Can You Sue a School for Your Child's School Shooting Death?
If your child was killed in a school shooting, you might be able to sue the school for negligence. The lawsuit would claim that the school was responsible for the wrongful death of your child because it failed to take adequate measures to protect your child. Typically, wrongful death claims are filed between individuals, but they can also be filed against institutions or agencies, such as a school district or university.
A wrongful death lawsuit is separate from the murder or manslaughter charges that the shooter faces. If the shooter is caught and charged with a crime, such as murder or manslaughter, the case will go through the criminal justice process. The shooter will face criminal penalties such as jail time or fines.
Even if the shooter is caught, charged, sentenced, and sent to jail, it may not be enough. Parents rely on schools to keep their children safe, and when someone makes it onto a school campus with a firearm and claims the lives of innocent students, the school might be to blame. It could be that the school's lockdown procedures weren't followed properly or that the school didn't have a lockdown procedure at all. If a student is unsure of what to do during an active shooter event on campus, that could also be the fault of the school for not providing proper training.
When You Should File a Wrongful Death Suit Against a School
If you lost your child in a school shooting tragedy, you should consider the legal options you have. Filing a lawsuit may be the only way to seek justice for your child's death and prevent it from happening to other students. Some parents whose children were victims of a school shooting have realized that they can take legal action.
Sadly, school shootings have become increasingly common in U.S. schools, colleges, and universities. Many families of the shooting victims filed lawsuits in response, suing the school, the district, or even law enforcement officials.
- The families of the victims of the mass shooting at Robb Elementary School in Uvalde, Texas, launched a class action lawsuit against the city of Uvalde, the police department, the state Department of Public Safety, and the school district.
- The families of the four victims of a shooting at Oxford High School in Michigan sued Oxford Community Schools for negligence after the students were shot in a school hallway.
As the above examples demonstrate, parents have options when their child dies at school or on campus. If you can find a legitimate basis for the school's negligence, meaning that the school had a duty to protect the student and failed, then you may have a successful lawsuit.
To file a wrongful death lawsuit against a school or school district, the claim must contain the following four elements:
- The student's death was caused by the school.
- The school was negligent.
- The student who died has an applicable surviving family member who can file for damages on their behalf.
- The student's death incurred monetary damages.
As the criteria for filing a lawsuit differs from state to state, it's important to get in touch with a knowledgeable education attorney. A lawyer who has dealt with litigation against schools across the country will be able to help you form your claim and guide you through the process of filing a lawsuit.
Options Besides Filing a Lawsuit
If you're looking to hold the school responsible after your child's death, filing a lawsuit may not necessarily be your only option. In fact, a lawsuit should be your last resort after having tried other non-legal measures. Getting involved in a lawsuit with a school district or university is no small matter. These institutions have teams of lawyers who deal with lawsuits, and taking them on by yourself isn't recommended.
By consulting with an experienced attorney, you can learn what your options are and which are the best for your situation. A lawyer can also look at the laws in your jurisdiction to find a way to help you defend yourself. Listening to your lawyer's advice and pursuing other options first before filing a suit is a good idea for two reasons:
- It shows good faith on your part. You sought every avenue available before filing a lawsuit.
- The school may agree to your request without the need to file a lawsuit.
Although the situation differs for each family, the options you have before filing a lawsuit are usually:
- Contacting a legal advisor. Don't do anything until you've contacted an attorney knowledgeable in education issues. You want someone who has gone up against schools, colleges, and universities before and will know exactly what to do for your lawsuit. A good lawyer will also negotiate with the school on your behalf and represent your interests faithfully as you deal with the school. You'll also get advice and guidance tailored to your case.
- File a formal complaint. Most schools or school districts have a grievance procedure that allows a member of the public to submit a formal complaint. You can use this process to request that the school take action following the death of your child. Colleges and universities usually have a formal complaint process. These requests get reviewed by the school's supervising authority, such as the school board or the board of governors. Going through this procedure may also convince the school to take your complaint more seriously.
- Submit an appeal. For most school grievance processes, the final step is an appeal. If you don't like the initial resolution of the complaint process, you can ask for your request to be reviewed by a different school official or board. They will look at your original complaint and assess whether the decision should be reversed or upheld.
Once you've exhausted these options, then it's typically time to file a lawsuit. Having a knowledgeable education attorney by your side throughout the process can make it much easier, and you can be sure of your next steps.
How to Prepare for a Lawsuit Against a School
Are there any steps you can take before filing a lawsuit against a school that will help increase your chances of success? Yes! You can collect as much evidence to support your claim as possible and contact an experienced school litigation attorney.
Gathering Evidence
You will need proof that the school was negligent and that this negligence led to your child's death. Locate and keep as much documentation as possible. Save copies of any correspondence you have with the school, as well as records related to your child's enrollment in the school.
Contacting an Attorney
One of the first steps to take when considering filing a wrongful death lawsuit is to contact an attorney. Even if you don't end up going through with the suit, having an attorney's advice about your situation is beneficial. They can let you know upfront whether you have a legitimate basis for your lawsuit, assess the evidence you've gathered, and help you better understand the process. Joseph D. Lento has helped students and families nationwide with lawsuits against educational institutions and understands the empathy and attention to detail that are needed in these kinds of cases.
The Steps for Filing a Lawsuit Against a School for a School Shooting
If you are considering filing a lawsuit against a school, college, or university for the death of your child in a school shooting, you should contact an attorney for help. You will want someone who is familiar with how to file a lawsuit in your state and has experience doing so.
A lawsuit can be a long and complicated process, but the main steps in the process are:
- Speak with a Knowledgeable Attorney Don't try to take on the school's or school district's lawyers by yourself. Although you technically don't need an attorney to file a lawsuit, having one is highly recommended. Your attorney should be someone with the experience and willingness to stand up for your interests. You want a legal professional who will advocate for you from start to finish.
- Determine the Compelling Cause of Action The compelling cause of action is the legal basis for the lawsuit. In a wrongful death suit, the basis is that the school's negligence resulted in the student's death. When you meet with an education attorney, they can go over your case with you and see if you have a compelling cause of action. It helps to be completely open with your lawyer and let them have access to all the evidence you've gathered.
- File a Formal Complaint Filing a complaint through the school's grievance procedures is a key part of the process. It may help increase your chances of a successful lawsuit. Submitting this complaint not only shows that you've resorted to all your options first but may also result in a resolution.
- File a Lawsuit The final step in the process is to file the lawsuit. The case is far from over at this point, however. You'll need to submit paperwork to your local courts in order to officially start the suit, but your attorney can help with those procedures. Your attorney will also work with you throughout the lawsuit, ensuring that all the deadlines are met, negotiating with the other side's attorneys, and keeping you fully updated at each new phase of the lawsuit. Your attorney should also help you prepare for court appearances and any meetings with the school's representatives.
Will a School Challenge a Lawsuit for a Wrongful Death in a School Shooting?
The school will most likely fight back against your lawsuit. Government institutions, such as public schools and state universities, have something called sovereign immunity. It protects them from being sued. Although that sounds like you won't be able to pursue litigation at all, there are some ways around sovereign immunity. The previously mentioned examples of parents suing schools for school shootings demonstrate that it is possible.
Sovereign immunity may not be able to stop your lawsuit for two reasons:
- It's typically enforced at the federal level of government and not as much in local jurisdictions like counties and school districts.
- Exceptions to sovereign immunity are allowed when gross negligence has occurred. Gross negligence likely applies in a wrongful death case for a school shooting.
An attorney who has helped families sue schools before will be able to look for a way around sovereign immunity if your claim has a compelling cause of action. You shouldn't give up on the idea of filing a lawsuit right away and, instead, seek out a knowledgeable attorney who's willing to help you.
How Can an Education Litigation Attorney Help?
You can't put a price on the loss of a child. If you file a lawsuit, however, you can seek justice for your loss and recover some compensation for any monetary damages. More importantly, you can hold the school responsible and help ensure that it doesn't happen to someone else's child.
Attorney Joseph D. Lento has helped families nationwide with education matters, including litigation against schools, colleges, and universities. He understands that you and your family are going through a difficult time and wants to offer empathy, support, and legal guidance. Contact the Lento Law Firm Team by calling 888-535-3686 and schedule a consultation.
