Bullying, it seems, has become part of the fabric of American life for children. Various forms of bullying have always existed, but today’s parents, school administrators, psychologists, and police officers are paying more attention to the issue than they did in decades past.
And, perhaps with social media and access to weapons and other means of making bullying, well, meaner, the results involve more serious injuries than the occasional black eye or busted lip.
Bullying isn’t just an emotional hardship. It can cause serious physical and psychological harm. When schools fail to protect students, some families consider legal action. One of the most important steps in preparing for a possible lawsuit is properly documenting the injuries and impact of bullying.
Clear, organized evidence can make the difference between a dismissed claim and a successful outcome.
If your child is in immediate danger, contact school administrators or the police for assistance.
How to document bullying injuries for a lawsuit
1. Seek immediate medical and mental health care
If your child is physically injured, take them to a doctor or hospital right away for evaluation and diagnosis. Maintain a copy of any related or resulting medical records that indicate diagnosis, treatment, and prognosis for recovery. This serves as objective proof of the injury resulting from the bullying.
Even if the child’s physical wounds are healed or healing, consider counseling. If your child is suffering or begins to suffer anxiety, depression, or PTSD from bullying, the psychological record from a therapist or other mental health professional can be crucial evidence.
2. Photograph and preserve evidence
Take photos of visible injuries like cuts or bruises, and of broken property. Date-stamp the photos if possible. Keep damaged items such as torn clothes, broken glasses, or destroyed school supplies, phones, laptops, and so on. This could support a claim of physical bullying.
3. Maintain a written bullying journal
Document each incident by listing the date and time, location, and anyone involved. Include bystanders—not just the bullies—because witnesses' observations can be important evidence about what happened.
In addition to what happened or is happening, it’s important to track changes in your child’s behavior. This will paint a picture of how the bullying is affecting them. Maintain notes on any changes in their behavior, school attendance, grades, and social interactions over time.
Post-Accident Journal Form
Sample accident journal/diary to help you document the effect on your daily life
Download in PDF format
4. Collect witness statements
As mentioned, witnesses are important. Witnesses to bullying in school could include other students, parents, or even teachers. If bullying is outside of school, it could include anyone who’s in the vicinity and observes the interaction. Even informal notes can later be made into affidavits if necessary.
5. Save all communications
Keep a copy of any email, text message, or social media post related to the bullying. If there’s cyberbullying or social media interaction, have your child screenshot any related posts. A screenshot preserves a post that could later be deleted.
Also, save your communications with the school, including incident reports, disciplinary notices, or messages that show how administrators handled your complaint.
If your interactions with school administrators, counselors, or teachers are conducted over the phone or in person, do an immediate email follow-up.
As soon as you hang up the phone or leave the meeting, draft and send an email to the person with whom you spoke. Recap the conversation, what you said, how they responded, and what next steps are expected. This creates a paper trail of a phone or in-person conversation. Whether or not they acknowledge the email, it’s still a written record of what was discussed. If they don’t follow up or try to later deny something they said, then you have an email to them that proves they did.
6. Obtain school and other official records
Request copies of any school records or formal incident reports, nurse’s office records, or disciplinary records that involve your child’s bullying incidents.
What school records you can (and can’t) access under FERPA and HIPAA
FERPA is the Family Educational Rights and Privacy Act. It applies to educational records maintained by schools receiving federal funding. This covers most public schools and many private ones. This federal law protects the privacy of student education records, giving parents (and later, students) the right to access their own records but restricting schools from sharing personally identifiable information about other students without consent.
HIPAA is the Health Insurance Portability and Accountability Act, a federal law that safeguards the privacy of medical records and personal health information, but generally does not apply to school health records if the school is already covered by FERPA. School nurses’ and counselors’ records are considered “education records,” not HIPAA records.
As a parent, you have the right to inspect and review your own child’s education records under FERPA.
This includes:
- Attendance and discipline records
- Incident reports that involve your child
- Health records maintained by the school nurse about your child
If another child is involved (for example, the bully), the school must remove personally identifying information about that student before releasing the records.
You may not have access to another student’s records. This includes grades, health files, and disciplinary history. The school also may not name other children in a report released to you; other students’ names will be redacted or anonymized. The school may provide your child’s portion of the record while redacting other students’ names. Some schools prepare a summary version of an incident report that notes what happened to your child but strips out details about others.
Are there exceptions to these laws?
Yes. There are three ways records can be obtained from the school.
- Court order or subpoena. The school may release the otherwise protected information if required by law.
- Police investigation. The police may access more complete records as part of an investigation.
- Civil lawsuits. If there’s a personal injury lawsuit, an attorney may request records about another child. These could be provided under protective orders, not directly to the parent (to the court) and can be anonymized.
These laws aren’t intended to roadblock parents from obtaining records, but the school does have as much of an obligation to protect the privacy of other students as it does your child.
7. Contact a personal injury lawyer early
An attorney can advise you on which evidence is most useful and how to preserve it correctly. They can also send formal requests to the school (such as a “litigation hold” letter) to prevent deletion of video footage or emails.
You might not end up filing a lawsuit, but your lawyer will guide and advise you until you make that decision or reach satisfaction without doing so.
When to involve school administrators vs. an attorney
Not all bullying happens at school, but the majority does. The other prevalent type of bullying is cyberbullying, which is online but can also fall within the school’s jurisdiction for disciplinary action.
Most parents who believe their child is a victim of bullying are desperate to just make it stop. Pursuing legal action is typically a last resort if they don’t feel they can’t reach satisfactory resolution with the school, or if their child was so seriously injured that they need financial compensation to cover their expenses.
The question then becomes, where should the parent turn first? When is it appropriate to contact the school, and when do you “up the ante”, so to speak, and call a lawyer?
| When to involve school administrators | When to involve an attorney |
|---|---|
| First or early incidents. When bullying is new, a teacher, principal, or counselor should be informed immediately so they can intervene. In other words, start by reporting bullying to the school. | Serious injuries. If your child has physical injuries requiring medical treatment or psychological injuries requiring therapy. Legal help becomes more appropriate when the situation moves beyond routine discipline or when harm is significant. |
| School policy compliance. Many states legally require parents to notify the school and give administrators a chance to address the issue before filing a lawsuit. | School inaction. When administrators ignore complaints, minimize the problem, or fail to follow anti-bullying policies, it would be appropriate to contact a lawyer. |
| To build a record. Each report creates documentation. If the school responds poorly or fails to act, that history becomes powerful evidence later. | Repeated incidents. Contact a lawyer if bullying continues despite multiple reports and supposed interventions. |
| Pursue non-legal solutions. In some cases, mediation, schedule changes, or behavioral interventions can resolve issues without escalating to litigation. | Civil rights violations. If the bullying is based on race, disability, gender, or another protected class, an attorney can explore federal claims under laws like Title IX or the Americans with Disabilities Act (ADA). |
| Starting with administrators shows good faith. It gives the school an opportunity to remedy the problem. | Evidence of a cover-up. If you suspect the school is destroying records, refusing to provide surveillance footage, or silencing staff, legal counsel is essential. |
| Escalate to an attorney if the school fails, the bullying escalates, or your child suffers serious harm. | Retaliation. If the school punishes your child for speaking up instead of addressing the bullying, this is a reason to call a lawyer. |
The school is supposed to be the first line of defense, but when it fails to protect your child, an attorney can step in to enforce accountability through legal channels. You can continue working with the school while an attorney begins investigating or preserving evidence.
By documenting bullying injuries thoroughly, understanding which school records you can access, and knowing when to involve a lawyer, you can protect your child’s rights. While parents can gather medical records, photos, journals, and redacted school reports on their own, an attorney can step in when the harm is serious, the school refuses to cooperate, or legal action might be necessary. By combining careful documentation with timely legal guidance, you give your child the strongest chance for both justice and a safer school environment moving forward.
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