About a week and a half ago my 13 year old son tried stopping a fight between a friend of his and a few other kids. The fight started at the school and carried out onto the streets. In the process my son was punched in the head causing contusions and a concussion.
He needed a CAT scan and to be under doctor's care due to the injuries. He also lost a week of school and isn't allowed to play gym until further notice. Do I have a personal injury case against the family of the boy who hit my son or the city for restitution? Thanks.
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ANSWER for "Head Injury from Breaking Up a Fight...":
Michelle (Amsterdam, NY):
Presuming the attacker was a minor at the time of the assault upon your child you do actually have a relatively strong case against the attacker’s parents.
You may also have a relatively strong case against the school as well. Inasmuch as the fight apparently began on school grounds the school may have breached what is legally referred to as a “standard of reasonable care” and their duty to protect their students.
Contact the parents of the attacker. In all likelihood they won’t accept responsibility for the actions of their son. In any event, send them a certified letter telling them you are holding them responsible for their son’s attack on your child.
There are some cases which may not require the assistance of a personal injury attorney. This sounds like one which does.
Depending upon the response from the parents you may be able to get them agree to pay all of your son’s medical bills, and a bit more for his pain and suffering. As we said though, it seems more probable you may need to speak with an attorney.
Most personal injury attorneys will not charge for an initial office consultation. Speaking with a couple of them will afford you a better understanding of the path you should take.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.