Lawyer for Suicide from School Bullying in New York, NY

A lawyer for suicide from school bullying can help you sue the school district or school for negligence and wrongful death.

School bullying has become prevalent, despite the passage of laws prohibiting various forms of bullying and harassment. In New York, the Dignity for All Students Act (DASA) defines the different forms of bullying and harassment, such as physically bullying, social bullying, cyber bullying, disability-based bullying, gender-based bullying, and racial and ethnic bullying. DASA, however, does not provide an implied cause of action against the school district. It only directs the school to implement adequate policies and programs that prevent bullying.

For this reason, causes of action against the school or school district related to bullying will rely on federal or state law regarding negligent supervision and wrongful death.

Suicide from School Bullying

Bullying in school that leads to suicide usually takes the form of physical bullying coupled with cyberbullying. With the advent of internet, most forms of physical bullying are recorded and posted in social media sites, such as Snapchat and Tiktok, which leads to humiliation on the part of the victim who then resorts to suicide.

Liability of Schools and School Districts

Several causes of action can be used against the school and school district to make them liable. The most common causes of action used to make the school and school district liable is negligence and wrongful death.

Under negligence, the lawyer must prove:

• The school or school district owed a duty of care to the child;
• The school or school district breached that duty by failing to take reasonable steps to address the bullying;
• The breach of duty was the proximate cause of the suicide.

For wrongful death, the lawyer must prove:

• The death of the victim;
• That the school or school district engaged in negligence, reckless or intentional conduct that caused the death;
• That the victim could have filed a personal injury lawsuit if they survived;
• The family of the victim suffered economic damages and emotional distress because of the victim’s death; and
• The amount of damages.

Settlements Made in Similar Cases of Suicide Due to Bullying

In New Jersey, the parents of a sixth grader filed an action against the school district when their daughter died of suicide. Their daughter was repeatedly bullied by other students in text and Snapchat messages, and administrators were routinely contacted about bullying but failed to do anything about it. The school district agreed to pay $9.1 million to the parents.

Another teenager in New Jersey likewise succumbed to suicide after being viciously beaten by classmates in the hallway of the school and the footage was circulated in the internet. The teenager’s parents filed a lawsuit against the school for the death of their 14-year old daughter. Said lawsuit is currently pending.

Suing the School District

When school bullying occurs, it is important to complain about such act of bullying as soon as it happens to the school district by documenting that instance of bullying. So if there are several different instances of bullying at different times, it would help to have several different complaints filed with the school. This shows a persistent act of negligence on the part of the school district in failing to address the problem.

School bullying can be a major problem, especially when it leads to suicide. It is important to take immediate action because there is a shorter statute of limitations period needed to file a claim against schools and school districts. Should you have claims or bullying issues against schools and school districts, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].