Losing a child is a painful, devastating experience for any parent. When your loss is due to a medical emergency that happens at school and the school fails to intervene, it can feel even more crushing. If you've lost your child to natural causes or in a medical incident at school, you may be able to seek justice and hold the school to account by filing a wrongful death lawsuit.
Suing a School for a Student's Wrongful Death
If your child died at school or on campus following a medical emergency and the school failed to intervene, you may be able to file a wrongful death lawsuit against the school. You would essentially be holding the school responsible for your child's death.
Ordinarily, wrongful death lawsuits take place between two individuals. In some cases, they can be between an individual and an institution, however. Filing a lawsuit against your child's school, college, or university may be the only way you can seek justice for what happened.
Most wrongful death claims are based on the following arguments:
- The student's death was caused by the school.
- The school was negligent.
- The student who died has a surviving applicable family member who can file damages on their behalf.
- The student's death resulted in monetary damages.
The criteria for establishing a wrongful death lawsuit differ by state. An attorney who has helped families sue schools nationwide will be able to guide you on filing requirements.
Filing a Wrongful Death Lawsuit Against a School for Death Caused by a Medical Emergency
When you send your child to school—or college, for that matter—you expect them to be safe. If they are under 18, the school has a responsibility to keep them out of harm's way. Colleges and universities are supposed to maintain a safe campus environment for their students as well. When schools fail to protect students and students lose their lives because of it, parents should have legal recourse.
Schools should be prepared to handle any medical emergencies a child may have, such as an allergy attack, stroke, or even a heart attack. Although children and teenagers are less likely to suffer from strokes and heart attacks, they do still happen.
- Parents of a sixth-grader in California sued the Redwood City School District after their child died of a heart attack during gym class. The suit argued that the 11-year-old boy was forced by his P.E. teacher to run laps when he felt ill.
- The family of a high school student in Florida was allowed by Florida's Supreme Court to sue the Lee County School District after their son collapsed during a soccer game and nobody used the automated external defibrillator (AED) device that was available on the field to revive him.
- The father of a 17-year-old girl sued her former boarding school in Utah following her death. She complained of severe pains to the school but was told she was faking it and to take aspirin. She later collapsed and was found dead when police arrived.
These examples show that when a child dies on a school's watch, parents can take action. When a school fails to take emergency precautions or doesn't intervene when children complain of feeling ill, it can lead to fatal consequences. With the help of an experienced student attorney, you can seek justice. Suing the school for your child's wrongful death may be the only way to hold the school responsible and help prevent the same thing from happening to other students.
Is a Lawsuit Your Only Option?
When you're seeking justice for the death of your child, a lawsuit may not be necessary. In fact, a lawsuit should be your last resort when dealing with the school. You have other options you can pursue before it comes to that.
Given how complex and drawn-out school lawsuits can be, it would be to your benefit to carefully consider these options before deciding to file a lawsuit. Most schools have a full legal team equipped to handle lawsuits just like yours. You don't want to have to go up against those attorneys if you don't have to.
If you've consulted with an education lawyer, they'll be able to let you know which options are best for your particular situation. They can advise on what steps to take and how you might resolve the issue without having to take legal action.
Some of the most common alternatives to a lawsuit when dealing with schools are:
- Hire a litigation attorney with experience dealing with schools. The very first thing you should do is find a competent lawyer. Whether you end up suing the school or not, an attorney can help you in your negotiations with the school. Having dealt with school boards and districts before, they'll know what to expect. An experienced attorney can assess your case for you at the outset as well. You'll know right away if you have a legitimate basis for a lawsuit.
- File a formal complaint. Most school districts, colleges, and universities have a formal grievance procedure that allows people to submit complaints about school-related issues for review. A school official will have to look at your complaint after you submit it. Going through this process also shows the school that you mean business. Once they see how serious you are, they might be open to negotiations with you. You may be able to get the matter resolved at this point without having to file a lawsuit.
- Appeal the finding of the grievance procedure. If going through the formal complaint process didn't get you the result you wanted, you'll most likely be able to appeal. Appeals usually involve writing a letter stating why your request should be reviewed again. Your attorney can help you draft this letter. Typically, a school administrator who has oversight authority reviews appeals and makes a final decision. The appeal will most likely be the last step in the formal grievance procedure.
Once you've exhausted all of these options, you should consider filing a lawsuit.
What to Do Before You File a Wrongful Death Lawsuit Against a School
Filing a lawsuit against an institution is a big deal. It's a complex process that will likely take longer to resolve than a normal lawsuit between two individuals. You'll probably also have a great deal of paperwork to file and keep track of. It helps to prepare yourself before the lawsuit starts. Ensure that you have everything you need before it begins so you have a higher chance of getting a favorable outcome.
The two most important things you can do to prepare for your lawsuit against a school are:
- Collect evidence.
- Consult with an education attorney.
Collecting Evidence for Your Wrongful Death Lawsuit
When you file a lawsuit, you will need evidence to show that the school was negligent when your child died. The basic rule of thumb with evidence is: keep everything. Even if you're unsure if you'll need it later on, keep it anyway. When you speak with an attorney, you can show them all the evidence you have and they'll be able to let you know what is relevant to your case.
Evidence for a wrongful death suit where the student died of natural causes or due to a medical emergency such as cardiac arrest includes:
- Letters, emails, or correspondence addressed to you or your child from the school
- Records of any visits the student made to the school nurse or campus clinic
- The student's medical history and records
- Eyewitness accounts from when the incident happened
- Documentation relating to any behavior issues with the student
- Notes to the student or you from teachers or instructors
- Any notes from you to the school about your child's medical condition, if any
Consulting with an Education Litigation Attorney
Apart from gathering and saving evidence, the most crucial step to take in preparation for a lawsuit against a school is contacting an experienced education attorney. You will want someone who has sued schools on behalf of students and students' families before. This attorney should be comfortable negotiating with schools of all sizes and provide you with guidance and support at each step of the process. When you tell them about your situation, a knowledgeable education attorney should provide you with options.
The Steps to Take When Filing a Wrongful Death Lawsuit Against a School
If your child died at school or a school-related event following a medical emergency that the school failed to prevent or intervene in, you may be able to file a lawsuit against that school. It's a long, complex process, though. You will need the assistance of an experienced education attorney who understands the rules for filing a lawsuit in your state.
There are several small steps and tasks you'll have to complete when dealing with a lawsuit against a school, but the main stages are:
- Finding an Experienced Attorney Filing a lawsuit against a school, college, or university isn't easy. They'll have a whole team of lawyers ready to negotiate with you, and if you don't know what you're doing, you can lose your lawsuit. Find and contact an attorney that has sued schools before. Joseph D. Lento's Student Defense Team has experience with both litigation and defending students from school administrations. He understands how schools work and will know how to approach your case the right way.
- Determine the Compelling Cause of Action A lawsuit needs a compelling cause of action to support the claim that the student died as a result of the school's negligence. It can be difficult to know if your potential lawsuit has a legitimate basis or not if you don't have legal training. When you speak with an education attorney, they can review your situation and the evidence you've gathered. Based on this assessment, they can help you find the compelling cause of action for your case. If you want an honest opinion of your case, you need to be completely open with your attorney. Don't be afraid to provide all of the evidence you've gathered and offer all the information you can about your case.
- File an Administrative Complaint You'll want to use the school's formal grievance process to submit a complaint before filing a lawsuit. This step acts as a sort of precursor to the lawsuit, giving you and your attorney a chance to negotiate with the school. You may be able to resolve the matter at this step if the school agrees to your request and takes action to prevent a similar incident from happening again. If the school does not take your formal request seriously and the matter is not resolved, you can move on to filing a lawsuit.
- File a Lawsuit After you've gone through the first three steps, you and your attorney can finally file a lawsuit. You'll need to file some paperwork with your county clerk's office to make it official. Your attorney can help you with paperwork and filing, however. Once the suit is filed, your attorney will be your guide throughout the process
Potential Challenges to the Lawsuit
One defense the school might use against your lawsuit is sovereign immunity. Government institutions, including public schools, have sovereign immunity, which prevents them from being sued. It may not be a huge obstacle for your case, however. Typically, sovereign immunity is enforced more at the federal level of government than in local jurisdictions. It can also allow for exceptions in cases of gross negligence, such as wrongful death.
An Education Attorney Can Help You with Your Lawsuit
You can't make up for the loss of your child. Filing a lawsuit can help you seek some justice and provide compensation for any financial damages you encountered. If you successfully sue the school, you can also help prevent the same thing from happening to someone else's child.
Attorney Joseph D. Lento's Student Defense Team has helped families across the country sue their schools. He offers support, understanding, and legal guidance as you're going through a difficult time. Contact the Lento Law Firm by calling 888-535-3686 and schedule a consultation.
