A: I'm sorry to hear about your child's misfortunate. I will say I have litigated these kind of cases against schools. You would think they would do the right thing, but they rarely do. I have litigated death claims against the LAUSD and in my experience the LAUSD and their attorneys have no compassion, nor concern about the children, nor do they care about the parents' loss. So don't expect the school to claim responsibility. California schools are involved in many lawsuits and they fight them with great vigor and normally blame the students or the parents.
Don't expect to find much about injuries to children in the California Education Code. Most of the laws
you will find have to do with disciplining children. But there is case law. The injuries can be covered usually in these circumstances which sounds like your case, if all three are present: Student injured (1) On school grounds, (2) while school is in session,(3) while being supervised by a school employee. There are many tripfalls along the way to a successful claim.
The first step is you have present a notice of government tort claim in writing within 180 days to the right people at the school district.* This is not as easy as it sounds because there are rules about what it needs to contain. Many government organizations have forms you must use. I could not find one for San Bernardino but you did not say what school she goes to. Anyway. You can see below the LA, Oakland San Diego and understand that's what you need for San Bernardino. I know they have one, but you may have to call and request it. (Another way to discourage claims if you wait until the last minute and they "mail it" to you.)
The next step is when they deny your claim, which they will, you have only 180 days to file the lawsuit. Understand the schools generally have insurance to cover these claims. It does not come from the books and supplies and teacher salary budgets. But no one else will tell you that. They will make it seem like you are robbing the children if you make a claim. Even when you file a claim, the school district's lawyers will try to make it appear as though it was your child's fault even though we do not hold children to the same standard as adults in our society. When it comes to suing the school,everyone will.
So you really an attorney who is experienced in suing what we call "public entities." Google that. See if there is an attorney in your area.
*State-Specific Examples of the "Notice of Claim" Process
In California, you must give written notice of your claim to the school district within six months of the date of student's injury. The district will then accept or reject the claim. If the claim is rejected, you can file a lawsuit in the state's civil courts. See examples of official forms for injury claims against California school districts:
Claim Against Los Angeles Unified School District
Claim Against Oakland Unified School District
Claim Against San Diego Unified School District
Claim Against San Francisco Unified School District ... Read More
A: How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme court is like every court, except that you probably have to file online, but more and more courts are doing that anyway. But remember there are strict time limits for filings. Of course, there also always exceptions if you have one. Talk to an attorney ASAP. Most attorneys will speak to you for free the first time.
A: Although family law courtrooms are very crowded, especially this time of year, Judges for the most part do strive to create workable schedules for working people with minor children. You're right that you need to keep working and supporting your children and you should not miss out because of your owning up to your responsibilities. I have seen them very cleverly craft child support orders for noncustodial parents who earn overtime so that the custodial parent receives a large amount of child support every month after the overtime is worked. In the same fashion, a schedule could be created to reflect the changes based on your changing travel schedule. It would be easier in mediation
but parents don't always agree. If it is made clear enough to the judge and a solution is presented, then the Court will likely adopt such a solution. The key to going to court in any case is being prepared. Go in with a plan. Make it easy for the Court to adopt the plan as the most fair and easy solution even over the other parent's objections. To do that you will most likely need an attorney's representation. I say that not because I'm a lawyer wanting client, but because not everyone can draft documents that point to such a solution to your problem and also represent themselves well in court and speak well and judges often do not take parties impropria person, representing themselves, seriously. They will take you serious if you have an attorney, at least if the attorney is well prepared and providing a workable solution ... Read More