teacher hit my daughter

[mokemom]

What is the name of your state (only U.S. law)? AZ

A teacher in elementary school punched my daughter (closed fist) 10-15 times on her back. My daughter was seated between two other students, at a table. She could not get away. This was during a play, where the teacher got carried away with her role. My daughter said "Stop that really hurts" at least 3 times, according to her and other students in the room. red marks were still visible an hour and a half later (the police saw them) and a bruise appeard a few days later. no assault charges can be filed (no proof of intent to cause harm). However, she is now in counseling due to nightmares and panic attacks that have happened since this incident. How do we find a lawyer to sue this teacher and the district?

 

[Silverplum]

What is the name of your state (only U.S. law)? AZ

A teacher in elementary school punched my daughter (closed fist) 10-15 times on her back. My daughter was seated between two other students, at a table. She could not get away. This was during a play, where the teacher got carried away with her role. My daughter said "Stop that really hurts" at least 3 times, according to her and other students in the room. red marks were still visible an hour and a half later (the police saw them) and a bruise appeard a few days later. no assault charges can be filed (no proof of intent to cause harm). However, she is now in counseling due to nightmares and panic attacks that have happened since this incident. How do we find a lawyer to sue this teacher and the district?

You can use the "Find An Attorney" feature on the right side of your screen here. Or call the Bar Association for your state and ask for a referral.

 

[Silverplum]

How odd that you posted a very similar story in April:

https://forum.freeadvice.com/civil-litigation-46/endangerment-civil-case-513952.html#post2543713

That post is quoted below, with a line helpfully bolded for everyone's reading pleasure:

What is the name of your state (only U.S. law)? AZ

A teacher was acting out a play with ther 6th grade, elementary school students. The teacher's character hit a student's character in the back, closed fist, 10-15 times (trying to get away from a kidnapper). the student was seated at a table, with the teacher behind, so student could not get away. Student said "stop that really hurts" 3 times before the teacher stopped. The red marks were still visible an hour and a half later, and a small bruise appeared 2 days later. The police say there is no evidence of intent to cause harm so assault charges cannot be brought. Student is now in counselling for nightmares due to this incident. What can we do now? Afterall - teachers are supposed to be careful with ANY touching of their students. Is endangerment considered a civil suit?

 

[ecmst12]

What you are looking for is battery. Not saying you definitely have a case, but if you do, that's what it would be.

 

[mokemom]

...and odd that you chose to offer advice to this one, and not the one in April. Perhaps because that was posted in another forum area.
I have called the AZ Bar association and they basically told me that it's not a big enough money maker for anyone to take the case. (Too short a time constraint to file the notice of claim, etc) How difficult is it to file a civil claim myself?

 

[HomeGuru]

...and odd that you chose to offer advice to this one, and not the one in April. Perhaps because that was posted in another forum area.
I have called the AZ Bar association and they basically told me that it's not a big enough money maker for anyone to take the case. (Too short a time constraint to file the notice of claim, etc) How difficult is it to file a civil claim myself?

**A: what exactly do you want out of this? Isn't the school paying for her counseling? What are your damages in $$$?

 

[ecmst12]

You need a lawyer unless you are in small claims court. By the time you finish law school, the SOL will have expired, so you wouldn't be able to represent yourself.

What do you hope to gain here?

 

[mokemom]

The school is NOT paying for her counseling. We asked for a referral, and they did NOT respond. When we finally reached them about it (over a week later), they said they would have AFTER their investigation was completed (6 weeks later) but we had to do something because things were gettin worse for our daughter. I want to make sure she gets the help she needs. I've never even considered suing before, so don't know what to expect or what to ask. She could be out of counseling in a month, or in 10 years. I just don't know. I want to make sure I don't have to pay anything out of pocket for this - since it is caused by somoene else.

 

[Antigone*]

The school is NOT paying for her counseling. We asked for a referral, and they did NOT respond. When we finally reached them about it (over a week later), they said they would have AFTER their investigation was completed (6 weeks later) but we had to do something because things were gettin worse for our daughter. I want to make sure she gets the help she needs. I've never even considered suing before, so don't know what to expect or what to ask. She could be out of counseling in a month, or in 10 years. I just don't know. I want to make sure I don't have to pay anything out of pocket for this - since it is caused by somoene else.

If an attorney is not willing to take your case on a contingency basis, you can be sure this will cost you a very pretty penny.

 

[frenchtoast]

Why not contact the media?

Why not contact the media? I am not a lawyer though so I think that the actual lawyers who write in on this site should tell you whether or not contacting the local newspaper might get some things going. You will not make big bucks though. The school will hold out and delay things because they have deep pockets until they have wasted all your money. Maybe you could get free therapy from someone in house inside the school system though for your child and get the teacher fired/disciplined.

 

[tranquility]

Two things.

One, proving intent.

Two, what are your damages?

 

[mokemom]

The media is one step we have considered. There are two very influential reporters here who may be of assistance. We were waiting until we talked to a lawyer who was actually willing to take the case.

There was no intent to cause harm, thus no assault charge, however, as ecmst12 stated, battery applies, as do negligence and endangerment. I will NOT accept assistance from the district anymore - we asked, they dragged their feet too long. And if there is law suit, they can say they helped, so why do we want/need more.

As for damages...this is a 12 year old girl. She's a very typical teen ager. Loves to go shopping, prefers to be in her room with the door closed, tries to deny she has parents...however since this incident she had panic attacks, nightmares, won't go to her own section in a store alone, even though I'm in sight of her, she even wants to have her older sister in the room with her when she watches tv. Yes, she doesn't even want to be alone in her own home (due to the nightmares) So putting a price on that...there is none. Way more than any school district has. However, I feel that the school does need to something more than keep the teacher off the school property for the remainder of the school year (which, by the way, the principal snuck her on and we found out and raised holy ... both with the pricipal and his boss in the district office.)

Thank you all for responding. I'll start writing my story for the media, and continue hoping someone will take the case.

 

[tranquility]

Tort claims are not meant to punish, but to compensate. In money, how much are you out?

Most claims of emotional distress require real psychological treatment to be actionable.

Again, what are your damages?

 

[mokemom]

She has been in counseling for 2 months - and will continue for a few more weeks. Between those sessions and time away from work (FMLA Unpaid time) it would probably be around $5K.

 

[Zigner]

She has been in counseling for 2 months - and will continue for a few more weeks. Between those sessions and time away from work (FMLA Unpaid time) it would probably be around $5K.

Your daughter has time away from work?