As a parent, discovering that your child has been bullied—and worse, that the bullying has led to physical or emotional injuries—can be one of the most heartbreaking and infuriating moments of your life. Beyond the pain and frustration lies a critical question: What are my legal rights if my child is injured as a result of bullying? This comprehensive guide explores your legal options, the responsibilities of schools and parents, and how you can take action to seek justice for your child.

Understanding the Scope of Bullying

Bullying is more than a childhood rite of passage or harmless teasing—it is a deliberate, harmful act with serious consequences. Defined by a pattern of aggressive behavior involving a power imbalance, bullying comes in several forms:

• Physical Bullying: Includes hitting, shoving, or damaging personal belongings.
• Verbal Bullying: Name-calling, threats, or insults.
• Social Bullying: Intentional exclusion, spreading rumors, or public humiliation.
• Cyberbullying: Harassment via electronic devices, including text messages, social media, and other digital platforms.

Each of these forms of bullying can cause long-lasting physical, emotional, and psychological harm. For many children, the effects of bullying are compounded by inadequate responses from schools or caregivers, leading to a cycle of trauma and neglect.

Signs Your Child May Be a Victim of Bullying

Many children are reluctant to report bullying due to fear, embarrassment, or retaliation. As a parent, vigilance is essential. Common signs of bullying include:

• Unexplained physical injuries: Bruises, cuts, or other signs of assault.
• Damaged or missing personal items: Such as torn clothing or destroyed electronics.
• Avoidance behaviors: Refusing to go to school, avoiding social situations, or withdrawing from previously enjoyed activities.
• Changes in behavior or mood: Increased anxiety, depression, or irritability.
• Physical symptoms: Complaints of headaches, stomachaches, or other stress-related ailments.
• Declining academic performance: A drop in grades or participation in school activities.

If you suspect bullying, immediate action is crucial. Begin by speaking with your child and gathering as much information as possible about the incidents.

Legal Rights and Responsibilities

When bullying escalates to physical harm or emotional trauma, the law provides avenues to seek justice and compensation. The responsibility to protect children from bullying often lies with multiple parties, including schools, the bully's parents, and sometimes even the bullies themselves. Below, we outline key legal principles and rights.

1. School Accountability

Schools are legally obligated to provide a safe learning environment. When a school fails to take appropriate action to prevent or address bullying, it may be held liable for negligence. Key factors include:

• Prior Knowledge: Did the school know about the bullying, either through reports from your child, other students, or staff members? If so, did they fail to act?
• Preventative Measures: Does the school have anti-bullying policies in place? Are those policies actively enforced?
• Supervision: Was there adequate supervision during times and places where the bullying occurred (e.g., recess, hallways, or buses)?

In some cases, public schools may invoke governmental immunity, complicating lawsuits. However, an experienced attorney can help navigate these challenges and determine whether the school breached its duty of care.

2. Parental Responsibility

Parents of bullies may also bear legal responsibility, particularly if they were aware of their child's behavior and failed to take corrective action. In cases of extreme parental negligence, you may pursue legal claims for damages against the bully's family.

3. Federal and State Protections

Several laws provide protections against bullying, including:

• Title IX (Education Amendments of 1972): Prohibits sex-based discrimination, including sexual harassment and bullying.
• Section 504 of the Rehabilitation Act (1973): Protects students with disabilities from discrimination or harassment.
• State Anti-Bullying Laws: Most states have laws requiring schools to implement anti-bullying policies and reporting mechanisms. These laws vary, but an attorney can help you determine which apply to your case.

4. Civil Rights Violations

Bullying based on race, national origin, gender, or disability may also violate civil rights laws. In such cases, both federal and state courts may provide avenues for relief.

What Types of Damages Can You Recover?

If your child has been injured due to bullying, you may be entitled to compensation for various types of damages. Below is a detailed breakdown:

Real Cases: Advocacy in Action

At Greenberg and Ruby Injury Attorneys, we've handled numerous cases involving severe bullying and school negligence. Here are some examples:

• Special Needs Student at LAUSD: Represented a student with disabilities who endured relentless bullying. We successfully held the school accountable for its failure to protect vulnerable students.
• Escalated Bullying Leading to Assault: Fought for justice on behalf of a child who suffered facial and head injuries after prolonged bullying turned into a violent assault. The case highlighted the school's failure to intervene despite multiple warnings.
• Mistaken Identity Assault in Northern California: Represented a student wrongly identified and assaulted due to inadequate security measures at their school. We secured compensation for the family and pushed for changes in school safety policies.
• School Physical Assault: Advocated for a student subjected to prolonged bullying that culminated in physical assault. Our efforts underscored the importance of holding schools accountable for harassment cases.

These cases demonstrate the importance of legal action in not only securing justice but also creating safer environments for students.

Why Choose Greenberg and Ruby Injury Attorneys?

With a 97.4% success rate and over $700 million recovered for our clients, Greenberg and Ruby Injury Attorneys is a proven advocate for victims and their families. Emily Ruby, a 2024 “Best In Law” Award Winner and a graduate of the prestigious CAALA Trial Academy, has been recognized for her expertise in injury law. Her commitment to justice and her extensive experience in high-stakes litigation make her uniquely qualified to handle bullying-related cases.

Next Steps: Protect Your Child's Rights

If your child has suffered injuries due to bullying, the time to act is now. Delays in addressing these cases can impact evidence collection and your child's well-being. Seeking legal guidance early ensures that you understand your rights and options.

Contact Greenberg and Ruby Injury Attorneys today for a free case evaluation. Let us help you fight for your child's justice, safety, and future.

Disclaimer: This article provides general information and does not constitute legal advice. Laws vary by state, so consult an attorney to discuss your specific circumstances.