Visitor Question

Knee Fractured by Another Student at School…

Submitted By: Leah (Totowa, NJ)

My child was kicked by a classmate in the knee, she fractured her knee and keeps having problems. The other child’s parents want to pay her bills as of now and sign paperwork stating they do not have to pay for future care.

What do you think I should do? My daughter is 12 years old, I don’t know if 5 or 10 years down the road it will bother her again. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Leah,

Leah:

It is unusual to find people who will take responsibility for their child’s actions. At the same time though it is highly unlikely they will ever agree to remain responsible for you daughter’s future medical care as that care relates to her knee. The best approach is to talk with your child’s physician and ask her to realistically assess the probability of any future effects your daughter might suffer.

After doing so you can incorporate her assessment into one final settlement agreement with the parents of the other child. Remember though, if the amount is unreasonable the parents may stop being cooperative and quickly become your adversaries. That is something to be avoided whenever possible.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 6, 2011

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