Can I sue the public school if my son is being bullied?
Question Details: My son was in a fight with a student in the beginning of the school year. Last Thursday, the young man that my son fought, jumped on my son with 2 of his friends. They held him down with another student and the other student punched him in the face and stomach and stuck something in my son's ear which drew blood. They are part of a gang that my son refused to join. His school has been aware of my son's bullying issue but has done nothing about it.
Because the school "has been aware of" you "son's bulllying issue but has done nothing about it," you can sue them: having had knowledge of the issue but failing to address it is negligent, or unreasonably careless, and could make them liable. But the real issue is: is it worth suing? You can only sue for the injuries suffered and costs incurred due to the negligence. If your son is, we hope, basically unhurt and you have not incurred very large out-of-pocket (not paid by insurance or Medicaid) legal bills, there is little or no point to suing, since with light injuries and small costs/bills, you would not be entitled to enough compensation to make the lawsuit worthwhile. On the other hand, if your son suffered some significant long term injury or you have injured significant medical (including, if he needs it, counseling or therapy) bills, then a lawsuit may well be worthwhile.