Losing a loved one is a painful, emotionally draining experience. Losing a child can be almost too much for some parents to bear—especially if their death occurred at school or during a school-related activity. You trust a school to keep your child safe no matter what. You never imagine that tragedy could strike. Some schools neglect their duty to protect students, however, and the unthinkable happens.
If your child was killed in a school-related incident or on school property, pursuing compensation for the damages you've suffered may be the furthest thing from your mind. No amount of money can make up for losing your child, and taking legal action against a school seems like an overly complicated process. Why bother? Filing a lawsuit for the wrongful death of your child can help you find some relief and compensation for the monetary damages you've suffered.
What Is a Death on Campus Lawsuit?
Technically, you cannot file a lawsuit for “death on campus,” but you can file one for wrongful death against an educational institution. You can also file for reckless negligence, depending on the nature of the incident. Wrongful death is a legal term that means that the death of one person occurred due to the negligence or action of another person. Typically, these types of suits are more common between two individuals, but it is possible for wrongful death to occur between an individual and an entity, such as a school or school district.
Wrongful student death claims usually involve four elements:
- The death was caused by the conduct of the defendant (in this case, the school).
- The defendant was negligent.
- There is a surviving applicable family member.
- There have been monetary damages as a result of the child's death.
Criteria for filing wrongful death claims may differ slightly from state to state, so it's important to have an attorney assist you with your case. A litigator who works on student issues nationwide will be able to advise you on your potential case based on the wrongful death statute there.
When to File a Lawsuit Against a School
Schools, particularly K-12 schools that enroll mostly underage children, have a responsibility to supervise and protect students who are under their care. If they fail in this duty and it leads to tragic results, the school could face a credible lawsuit. If your child died while on school property or at a school-related event, and you believe the school's negligence is the cause, you should consider filing a wrongful death lawsuit.
At colleges and universities, some examples of situations where wrongful death may occur are:
- A murder takes place in an area of campus that lacks the level of security that was promised.
- Death occurs at a fraternity because the college or university administration failed to deter hazing by the fraternity.
- A dangerous student is randomly matched with another as a roommate and murders the other student.
- A fatal injury occurs while a student is playing football or another sport for the university team.
- Adverse conditions on campus lead a student to commit suicide.
At K-12 schools, some situations that might make for wrongful death claims are:
- Bullying goes too far, and a student is killed or commits suicide.
- A school bus crashes and results in student fatalities.
- Fatal injuries occur on playgrounds, in gymnasiums, or in pools.
- Students crossing busy roads and intersections during school-sponsored activities may be struck and killed by a passing vehicle.
The examples listed here are by no means comprehensive. If you have suffered the loss of your child and believe their school, school district, college, or university may be responsible, you should contact a student wrongful death attorney for advice about your situation.
Challenges to Death on Campus Lawsuits
If you decide to bring a lawsuit against your child's school for wrongful death, you may come up against some obstacles. One of the biggest challenges would be sovereign immunity, which is a rule that exempts government agencies, including public schools, from being sued. Sovereign immunity is generally more enforceable at the federal and state levels than at local levels, which are the jurisdictions under which most K-12 public schools fall. It can vary from one local government to the next. Sometimes, there may be exceptions to the sovereign immunity rule for public schools for certain types of incidents or negligence—especially gross negligence.
Sovereign immunity could be a barrier for your wrongful death case, but there may also be a legal workaround. To increase the chances of success for your lawsuit, it's important to file as soon as possible. Suing a school takes a great deal more paperwork than suing an individual, and specific deadlines usually have to be met.
Contacting a wrongful death litigator should be something you do sooner rather than later. They'll understand all the restrictions specific to your state and can help you meet all the deadlines.
What Are Your Options Before Filing a Lawsuit?
You should consider litigation against a school as a final option when seeking relief for the loss of your student. There are several other steps you can take first, and a competent student wrongful death lawyer can walk you through them and advise you on the best option in your situation.
It's also important to seek other avenues before a lawsuit because you will have to prove that you exhausted your options before pursuing litigation. Trying to negotiate with the school first may lead to a mutually favorable outcome. If it doesn't, you can at least establish that you tried to negotiate.
Some options you may have before seeking a lawsuit against a school are:
- Talk to a lawyer who specializes in student issues. You will want a legal advisor who has years of experience dealing with schools, colleges, and universities, representing both students and school employees. This attorney will have a good understanding of how the school administration will handle a lawsuit and will be able to guide you through the whole process. They'll also be able to let you know if you have enough evidence for a case right from the start and to ensure that you stand up for your rights.
- Use the school's grievance procedures. Most schools, even K-12 schools, should have some sort of grievance or formal complaint process. Find it and use it to submit a complaint about your child's wrongful death and see if the school will be willing to provide what you ask for. Once the school gets your request, there may be an investigation into the matter, and the school may offer some sort of resolution.
- Appeal the school's decision. If you went through the school's grievance procedure and didn't like the outcome, submit an appeal. Most complaint processes will allow you to appeal so your request can be reviewed by another board or school official. This appeal is usually the final chance you have to resolve the matter with the school before you take the drastic step of filing a lawsuit.
If none of these steps lead to the resolution you want, then it's probably time to pursue litigation against the school.
Preparing for a Lawsuit Against a School
The two most important things you can do to prepare your lawsuit against an educational institution are to gather as much evidence as possible and choose a knowledgeable, specialized attorney.
When it comes to evidence, keep everything. Even if it seems unimportant, just hold onto it and put it with your other documents to use in the lawsuit. Also, make copies of everything you keep in your evidence file—both digital and print copies.
When you choose an attorney, find someone who has helped people sue schools before and has extensive knowledge of legal issues surrounding students and educational institutions. Joseph D. Lento has worked with students and their families across the country to help them recover relief and can help your family too.
How to Sue a K-12 School or University for Wrongful Death
Filing a wrongful death lawsuit against a school or university won't look the same in each state. Generally, however, the process will include the following steps:
- Find a Knowledgeable Student Wrongful Death Attorney child's school, particularly colleges and universities, is likely to have teams of legal experts who work full-time to protect them from challenges just like this one. Even if you have some legal experience, you don't want to try and go up against a robust legal department alone. Reach out to an attorney who has extensive experience dealing with schools and legal issues, as well as litigating against schools.
- Determine a Compelling Cause of Action step is one of the most important, as it will decide whether you have a case or not. You and your attorney will go through your complaint and the evidence to see if you have a genuine basis for a lawsuit. In a wrongful death lawsuit, the compelling reason is that the student died because of the misconduct or negligence of the school administration. You will also need evidence to support your claim, and you'll have to be fully open and honest with your attorney so they can accurately assess your case.
- File an Administrative Complaint K-12 schools, colleges, and universities have a process whereby you can file a formal administrative complaint or grievance, as mentioned above. Filing this complaint demonstrates that you have “exhausted administrative remedies,” meaning you took advantage of every option available to you before filing a lawsuit.
- File a Lawsuit the school does not resolve your administrative complaint as you have requested, you then have the legal right to file a wrongful death lawsuit. Filing a lawsuit involves going to your local court clerk's office to get the right documents to fill out. If you have an attorney working on this case, however, they will be able to handle those kinds of details for you.
Once you file the lawsuit, work with your attorney to see it through. A good attorney will help you through the whole process and work diligently for a favorable outcome for you.
Do You Need an Attorney to Sue a School?
Having an attorney is not required to have a successful lawsuit against your child's school. However, asking an attorney to handle the case for you is the best course of action for several reasons:
- Families can make simple clerical or filing mistakes that cause them to lose otherwise winnable cases.
- Suing a school requires following a delicate set of procedures which an attorney is more equipped to navigate.
- An attorney can collect evidence, gather witnesses, and do all the documentation and research necessary for a favorable outcome.
- An attorney can handle the details of your case while you and your family grieve.
Hiring an attorney well-versed in student and educational issues gives you the best opportunity to reach a favorable outcome.
A Student Litigation Attorney Can Help
Nothing can make up for the loss of your child. But you can get some peace of mind and compensation for funeral and other end-of-life expenses in a successful lawsuit against your child's school. The goal of a wrongful death lawsuit is to make you as close to whole again as possible, and the best way to achieve it is with a knowledgeable litigator.
Attorney Joseph D. Lento understands your grief and is here to help. He's fought against schools of all educational levels across the nation in various lawsuits. He's offered support, guidance, and peace of mind to many parents across the nation who have had to deal with the loss of their child at school. Contact the Lento Law Firm by calling 888-535-3686 to schedule a consultation today.
