Breckenridge, TX Personal Injury Law Firms & Lawyers

If the settlement form is in the proper form then it will be extremely difficult to back out of the settlement. The other side will file a Motion to Enter Judgment based on the settlement agreement. Unless you have a statutory defense to the settlement agreement, then there is nothing you can do. Most mediated settlement forms contain the required language.

Assuming it is a public school you need to make sure and file a government tort claim w/I 180 days of the incident, namely the physical altercation in the office which sounds like only the tip of the iceberg. It sounds as if the situation has been on-going for a while so would make sense that you file Government Code 910 claim with the school district as soon as possible. If you review California Government Code 910 online you will see how basic the contents of such a claim is, but understand it is critical and a necessary prerequisite to pursuing a claim against the school, principal, teacher and school district. Also, understand that it is pretty typical that once you submit that form that the school district either ignores it and therefore as a matter of law after 45 days it is deemed rejected or they expressly deny claim within that 45 day period. Without getting too overly legal, there is a Federal Constitutional right under USCA 1983, in that under the California Constitution, article I, 28(c) students have right to attend schools that are safe, secure and peaceful and school districts, teachers, principals or other school employees are prohibited from taking any actions that violate that right. Bottom line it is a difficult area, but one that needs to be addressed.