My son was diagnosed with traumatic brain injury back in 2007. He is a freshman in high school now and he was recently jumped by a senior in his school over something that was said on a popular social networking site. It was something silly like he supposedly called the senior's girlfriend a nasty name.
The senior caught my son coming out the restroom and asked him if it was true that he called his girl that word and my son said no. The senior asked the girl if my son was the one and she said yes, so the guy started beating on my son. He punched him in his face and kicked him in the head.
My son didn't fight back because the senior was much bigger than him and he was scared. So after that the senior walked off and called my son a b**ch. My son got up off the floor and was very angry and upset. He started looking for his big brother who goes to the same school.
While walking the security guard saw them and asked them what was going on. My oldest son started explaining and my son who got jumped started yelling out of anger and saying threatening words, like he will shoot the guy, and so the school suspended my son for 5 days because of the threat.
The school told me not to worry about the senior as they would "handle it". I'm not sure if they did anything. My son is not a violent kid. He said someone must have hacked his profile page on the social networking site and was playing a prank on the senior, pretending to be him.
Now my son has headaches and is afraid to go back to school. He also has problems remembering things. I was just wondering if we had a case against the senior student who assaulted my son and/or the school? Thanks.
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ANSWER for "Son Assaulted by an Older Boy at School...":
Evette (Maywood, IL):
Your son may have a case against the school and the senior high school student. If the senior is a minor you may be able to pursue a legal claim against his parents as well. Your facts state your son suffers from traumatic brain injury. If that is the case you will have to prove the injuries sustained aggravated his brain injury or caused a new injury. To do that you will need medical evidence.
If you do choose to pursue a legal case against the senior, his parents, or the school, you will not only need medical evidence, but will probably need legal assistance. Most personal injury attorneys will not charge any fee for an initial office consultation.
If you decide to seek the advice and counsel of a personal injury attorney you might consider doing some research. Personal injury attorneys often focus on one or more areas of the law. There are personal injury attorneys who have substantial experience in school law. Finding one or more of those attorneys would best serve your son's interests.
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.