Are you worried about your child and whether they are experiencing bullying in school? Even if your child is attending a reputable school, you never know how the other children are acting towards each other. If bullying and personal injury is a concern, then it might mean that you have a legal case on your hands..
If you’ve ever wondered what kind of legal action can follow bullying, this article is for you. You will learn more about bullying and personal injury cases and so you know what to do in order to protect your children.
The Definition of Bullying
Even though there are many different forms of bullying, the most common conversation is around the topic of bullying is between students. If bullying is happening at school, then it means that one child is teasing, harassing, harming, or intimidating someone else.
Bullying doesn’t have to happen in person, either. Cyberbullying can happen from a distance, without any face-to-face interaction. Students use laptops, cell phones, computers, tablets, and more to send messages, videos, pictures, and other forms of media. If the intention of the communication is to intimidate or hurt another person, then it falls under the umbrella of bullying. Social media is another common platform used to harm or embarrass other students.
Indications Your Child Is Being Bullied
How can you tell if your child is being bullied? There will be signs. Parents know their child’s normal behaviors, so look for any indications that things might be changing.
Regardless of the age of your child, look for these indications that your child might be the victim of bullying:
- You notice your child is always sad or often seems extra moody.
- Your child/teen doesn’t have many friends.
- You find bruises or sores on your child that are unexplained.
- Your child is fearful about going to school.
- Your child often has bad dreams or a hard time falling asleep.
- Your child/teen’s grades in school start to decline.
Is Your Child’s School Responsible for Kids Being Bullied?
Legally your kid’s school does have a responsibility to deal with those being bullied. They also must execute and carry out an effective anti-bullying policy. If your child is being bullied, report it to the school’s administration immediately. If the school ignores the issue or doesn’t enforce its anti-bullying policies, it could legally be liable for negligence.
Are There Legal Measures That Should Be Taken?
If your child’s school is not enforcing their anti-bullying policies or if your child continues to be bullied and the parents of the other child(ren) or youth do not effectively take measures to prevent it, you can and should seek legal counsel from an experienced attorney team like Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. that has understanding and know-how on seeking an end to such treatment.
Some of the options that you as a parent/guardian have when taking legal action include:
- Filing a lawsuit against the bully’s family that has been harassing your child.
- Taking legal action against your child’s school, school district, or school employees that fail to combat or prevent bullying from continuing.
- Legally filing a grievance with the U.S. Department of Education’s Office for Civil Rights against the school district.
- A criminal investigation can even be carried out if your child has experienced bullying and personal injury.
Federal and State Harassment Laws
There are currently no federal laws concerning bullying unless it is discriminatory. So, legal action can only be taken if someone is being bullied and it is related to a discriminatory category, such as religion, disability, orientation, or race. Bullying that involves these things violates federal antidiscrimination laws. So, you might have grounds to take legal action.
In addition to federal laws, many states also have laws directly addressing bullying. Not all address cyberbullying, but many are updating their laws to include it. The state of Mississippi, for example, has executed a law requiring schools to adopt anti-bullying policies, and cyberbullying is also part of their bullying law that victims can seek restitution for.
Bullying and Personal Injury
Your child deserves to go to school without worry. They deserve to have a great experience learning in a way that boosts their confidence, not take it away. Your child also deserves always to feel safe. If they don’t, something must be done. Watch out for your child and teach them how they should handle themselves if a bullying situation occurs.
If your child is being physically hurt by a bully, you can’t take away the mental pain or emotional stress. But there are things that you can do to advocate for your child. Never ignore the situation. If personal injury has occurred, then consider legal action. The first step is to talk to an attorney about your situation to learn more about your options and determine if you have a case worth pursuing.
Consulting with an Attorney
If your child or teen is being bullied, you must act immediately. Your child needs help, and sometimes that means you should hire an attorney and take legal action – especially if bullying and personal injury are occurring.
The team at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. is ready to help with any questions or worries you have about bullying and personal injury legal cases. If you’re not sure that you’re ready to pursue legal action, we are still available to answer questions and give our honest, experienced opinion of a possible legal case as well as educate you on your options. Don’t hesitate to call us at (504) 522-2304. We are always here to help with any legal concerns you may have.