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My grandson was injured at his middle school. I want to sue…

Customer Question
My grandson was injured...

My grandson was injured at his middle school. I want to sue the school district and the kid(his family) for not making sure he was safe. How would I go about doing this?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Wyoming

Lawyer's Assistant: Has anything been filed or reported?

Yes, the DA's office is charging the kid with a felony

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The whole incident was recorded on the school video

Submitted: 2 months ago.Category: Criminal Law
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Answered in 5 minutes by:
12/15/2017
Criminal Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 8,364
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Criminal Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm very sorry to hear about your situation. I hope that your grandson is okay. You may be able to resolve this informally if you have some issues with the district as they may just want to settle with you out of court. If they don't, then you'll need to find an attorney (check your local lawyer referral service) and begin the litigation process.

Filing a lawsuit is relatively simple, but there are some specific steps you must follow. Generally, you will want to begin with drafting up your complaint on 28-line pleading paper. You can usually get 28-line pleading paper as a Microsoft Word template or just looking online for a free copy of one. I usually recommend that you begin with a brief introduction and then start a new heading with a new paragraph where you lay out the facts. Once you are done laying out the facts, create a new heading that provides your legal analysis. For example, you could say that a breach of contract occurs when someone fails to fulfill their obligation in an agreement. It doesn't’t have to be very long, but something that explains what your legal authority is to bring the case. After ward, you will want to have your “Prayer for Relief” as a separate heading and then you put in what you want (e.g. amount of money you want). Make three copies of this.

Once you do that, you should either look online or go to the courthouse to find out if there are any specific forms you must fill out. Many county courthouse require specific forms depending on the cause of action that you have and they’ll reject it if you don’t have the right forms. If you can get three copies in advance of going to the courthouse, do so and attach them to your complaint.

Once you fill out the forms and you have your complaint, you should go to the courthouse and file them. Most lawsuits require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when yo uare suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Finally, there’s the discovery process where you can ask the other party for documents and even take statements from witnesses (these are called depositions). If you can’t reach agreement, then you go to trial

What other questions did you have for me today?

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Customer reply replied 2 months ago
How would I go about finding an attorney the will take the case pro bono
Criminal Lawyer: Legal Eagle, Lawyer replied 2 months ago

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Wyoming LRS- click here.

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Criminal Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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