How Do I Sue a School District for Sexual Abuse?

Step by step

1. A confidential conversation. We listen, answer your questions, and ask only what we need to understand your situation. Share what you’re comfortable sharing.

2. A free case review. We look at where and when the abuse happened, who was involved, and the deadlines that apply to you.

3. A written agreement. If we take your case, you and the firm sign a written agreement. No attorney represents you until then. There is nothing to pay up front.

4. Investigation. We investigate the school and district: school records, staff files, prior complaints and witness accounts.

5. Filing. We file in the Superior Court of the county where the abuse happened, usually under a pseudonym. Childhood sexual assault claims against public school districts are exempt from the usual government claim-filing requirement (Code of Civil Procedure § 340.11(s); Government Code § 905(m)).

6. Discovery. Each side exchanges written questions and documents, and lawyers take depositions: sworn, recorded interviews that happen outside the courtroom. The district’s lawyers will usually ask to take yours. We prepare you beforehand and are with you the whole time.

7. Resolution. Cases resolve through settlement, often with the help of a mediator, or at trial. You decide whether to accept a settlement. We keep you informed and in control throughout.

How long does it take?

Every case is different. Many take a year or more from filing to resolution. Your lawyer can give you a realistic picture once the case is underway.

What you’ll be asked to do

Most of the work is ours. You’ll be asked to tell us what happened, at your own pace; to answer the district’s written questions with our help; and, in most cases, to give a deposition. In some cases the defense asks for an examination by a doctor it chooses. If that comes up in your case, we’ll explain it and prepare you.

What you do not need

• A police report or criminal charges. A civil case is separate from any criminal case.

• Records or proof in hand. Gathering records is the law firm’s job.

• To have told anyone at the time. Delayed disclosure is normal.

What it costs

Nothing up front. We work on contingency: fees and expenses are charged only against money recovered from responsible parties. You owe nothing as a fee or expense unless we first make a recovery for you.

How long you have to start

You can bring a case against a California school district any time before your 40th birthday. For abuse on or after January 1, 2024, there is no deadline. If you’re 40 or older, different and stricter rules apply, so talk to a lawyer promptly.

Every case is different. This is general information, not legal advice.