Tuesday, May 25, 2010

What is the probability of these lawsuits being settled out of court.?

My son and 3 other 1st graders were molested in school last year over a period of 3 months by a teachers son in the school right next to the Superintendants office. This perpitrator was a high school student who was allowed to roam free due to his mother being a teacher. The school was also aware that he has molested other children in the past. The 1st graders were NOT supervised and hence this hideous act. All of the parents of the 1st graders have current lawsuits against the school and the parents of the perpiptrator. I am wondering if anyone knows of similar cases and out comes ( please reference). I am also asking if anyone could tell me how long this lawsuit could take. I desperatly want to get my child out of this school district. Thank You
Answer:
This situation NEEDS to be per sued. You %26 the other parents should own that school district when this is all said %26 done. I understand you wanting to get your son away from all of this but justice must prevail!
(0) -- to the top question, something like 98% of all civil lawsuits settle. The general pattern for cases like these are either (a) they settle quickly (because the school wants to minimize the bad press, providing the school's insurance company is on board) or (b) they go to trial (if the school board wants to "clear the school's name" and they think they have good defenses on the merits.) You should talk to your lawyer about his views.
(1) Lawsuits can take a long time -- some get going and settle right away, some languish for years due to procedural slow downs or even the court's overcrowded docket. Big cases, with big numbers, often last 2-3 years, depending upon the attorneys working the case, the court's docket, and slowdowns. Here, however, if there's basically no question that this high school student did the things he's accused of, it may resolve quickly because no school wants this terrible publicity (unless the school is denying liability...)
(2) There are databases available to show verdicts in similar cases that plaintiffs' attorneys have access to. That would be your best source.
(3) Getting your child out of the district will depend upon your state's law related to "open enrollment" or the "voucher" system. Contact an education law attorney for the best information there. You may also be able to contact your school's administration for information about open enrollment (or whatever your state calls it). Also, that could be a settlement condition that you need to express to your attorney.

Good luck, and best to your son.

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