Q: Thank you to give you more details. about the "good faith"
My son was being bullied by his teacher and tried to kill himself, before his attempt. she yelled at him and he pooped his pants
He has now been diagnosed with PTSD from this intentional malice by his teacher. Their attorney said they made a "good faith" attempt.
But they have not done anything, not even requested his medical records and they called the case and my allegations frivolous.
He was also hospitalized for one week at a mental hospital, before this he had no mental,social or emotional history issues.
He has been in counseling for over a year now as well.
A: I am sorry to read about the rest of the details. Cases like this are quite challenging especially if the Defendant is a public school system. The four element of a case or claim are 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. All four elements must be linked together and established by the evidence. Furthermore, the foreseeability and preventability of an incident also come into play. You need to sit down with the attorney to discuss the planned course of action. If the attorney is no longer pursuing the case, contact another attorney but understand that this is far from an easy case to pursue. Good luck.
A: I assume you have an attorney. If not you need to get one. To answer your question "good faith " to an insurance company (for that is who is paying the lawyer's fee) means "we looked at it. we shrugged.But it was a 'good faith' shrug!" However the school district has certain protections so if you don't have an attorney, in such a serious case you need to talk to a member of the Georgia Trial Lawyers Association, ideally one who has litigated against school districts. After this event your son will need an IEP and the lawyer can guide you through that. All the best. By the way, EMDR therapy has been shown to help hudreds of thousands of people with PTSD from extremely severe to mild.It's not a long process, and the therapists tend to be less expensive, so you may want to use this valuable tool.
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