It’s common to hear individuals say that people will use anyone for anything these days. This may seem to be the case but, as is true of many sayings, it’s an oversimplification of the truth. It’s true that a person can start a lawsuit for just about anything by filing papers with the court. However, just because it’s technically possible to file a lawsuit doesn’t always mean that it’s a good idea.
There are important questions to answer before filing a lawsuit
There are a few questions you should ask yourself if you’re considering filing a lawsuit. First, you must consider how strong your case is. Are you likely to get a return on the time and money you’d spend filing your own case? Second, have you tried other methods? Have you attempted a settlement? Finally, even if you win your case, do you have the experience and resources to collect the judgment form the plaintiff?
The best way to answer these questions is to speak to an attorney
The above questions are best answered by a personal injury attorney who has worked with many similar cases. Remember that when an accident or trauma has taken place, it’s very common for those affected to feel angry and to have extreme emotions. That feeling of anger and that want for justice can affect a person’s ability to decide if a lawsuit is really going to help anything. If you need help figuring out what your best options are, contact Law Offices of Fernando D. Vargas at 909-982-0707 for more information.
Wrongful death cases are especially difficult
Taking a measured approach after a loved one has passed away can feel impossible. This is even harder to fathom in the event that the deceased is a child who took their life – especially if the cause of that suicide is suspected to be bullying. It’s not unreasonable for a parent to wonder: If the school knew that my child was being bullied and they didn’t take the appropriate steps to stop it, can they be held liable in a wrongful death case?
The short answer is not simple: Maybe. There are qualifications in the state of California. First, you must be able to prove that the school was negligent. The law in California states that there are different methods for suing a private school compared to a public schools. A public school has governmental immunity and can’t be sued unless the court specifically allows it.
If it is allowed, or you’re dealing with a private school, then you’ll need to fill out the appropriate forms, including an explanation of the injury. That explanation must include your theory on how the school was negligent. If that isn’t properly explained then the court will dismiss the case on the grounds of no merit. This is why you need an attorney to assess the situation and properly prepare the documents.
Bullying is serious. Those who are responsible should be held accountable. That said, it’s not always possible to link bullying to a wrongful death case. If you believe you have a case then your best bet is to reach out to California personal injury attorney who can assess your case for you. Call Law Offices of Fernando D. Vargas at 909-982-0707 today for your free case evaluation.
