Knee Fractured by Another Student at School...

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.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Knee Fractured by Another Student at School...":


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 an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to School Fight Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: