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Suing Over Bullying Becomes Big News

The sometimes heartbreaking consequences of bullying have gotten more publicity in recent years. With that publicity has come an increasing public awareness of this problem and, in some cases, there have been lawsuits filed over bullying.

Examples of Bullying Lawsuits

The Houston Chronicle reported on March 29 of 2013 that a lawsuit filed by the parents of a student who committed suicide had been dropped. While the lawsuit had been dropped, it does give some insight into the dynamics of what may go into these types of lawsuits.

This lawsuit had alleged that the school district had ignored persistent bullying that the young victim had suffered. According to the reporting, the lawsuit alleged that the child had been bullied to death. The reporting also revealed that there were other factors involved in the death that may have not been related to bullying at all, eventually causing the lawsuit to be dropped.

In another case, an Iowa teenager’s family is in the process of pursuing a lawsuit against the administrators at the student’s high school and the school district, alleging negligence. In this particular case, bullying is said to have eventually led to the teenager suffering significant brain injuries, leaving him permanently disabled. The incident that led to the brain damage is alleged to have occurred when teammates on the teenagers’ football team repeatedly threw footballs directly at the victim’s head. According to the lawsuit, this led to injuries that have significantly diminished the teenager’s quality of life, according to reporting in Yahoo Sports.

Negligence

From a legal perspective, an individual is negligent when they have the opportunity to take an action that any normal person could take that would keep someone from coming to harm and when they fail to do so. It can also apply when somebody takes an action that to any reasonable person would put someone else in danger. To some degree, these losses all allege that whether it is the school administrators, coaches, classmates or anyone else, there was some form of negligence that directly led to an individual being harmed.

With bullying getting more attention in the press and with suicides and homicides both being implicated as potential outcomes of bullying, it’s likely that more of these lawsuits are going to be filed in the future. How courts find in regards to these lawsuits may set precedents that could have significant impacts for the next generation of children who have to deal with this particular threat.

If you are dealing with a similar situation and are unsure of the next steps, call the Law Offices of Blaine A Tucker for a FREE consultation at 713-771-5453

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Can You Really Sue?

Can You Really Sue?

Do You Really Have A Basis For Suing Someone?

Threatening to sue is practically a pastime with some people, but there are specific conditions that have to exist before it actually becomes an option. Unfortunately, for some people who have been seriously intimidated by such threats, the conditions under which one can actually file a lawsuit are not quite as widely understood, as is the fact that suing is sometimes an option.

Damage

The entire point of filing a lawsuit is to get compensation for a real form of damage that has been done to the person suing. These damages have to be quantified in terms of dollars. If you are considering filing a lawsuit, you should consider whether the following conditions are actually true:

You Suffered a Loss

While some of the reasons that people sue a rather difficult to put into financial terms – pain and suffering, for instance – this can be done. However, merely the threat of having been injured does not constitute a valid reason to sue. There are plenty of occasions when business owners, property owners and others may find themselves having a very angry client, tenant or other individual threatening to file a lawsuit and when the person being threatened really has no valid reason to worry about getting legal representation.

Without damages, there is no point in filing a lawsuit. Being offended, threatened, feeling that one has been sold a worthless product or service absent any means of actually proving that is the case and myriad other situations under which people threaten to file lawsuits are really, in fact, nothing to worry about, in the vast majority of cases.

If you did not suffer a loss or, conversely, if you suffered some sort of a loss that cannot be converted into a dollar amount, then you probably do lack any legal grounds to file a lawsuit.

When to Get a Lawyer

Generally speaking, practicing law as a hobby is every bit as useful as practicing psychology as a hobby. While many people may feel they are experts in both fields, very few are. The best way to determine whether filing a lawsuit is actually a valid option is simply to talk to an attorney and to get their opinion on it. Because the vast majority of attorneys who help clients file lawsuits work on a contingency basis, it typically doesn’t cost any money to consult with an attorney to determine whether suing is actually an option.

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