My son started a fight by poking a kid in jest and it escalated quickly. The up shot is my son broke the other kids nose. They are suing for damages of “severe injury including a broken nose” at approximately $10k last I heard.
It happened on school property after classes, and the school did not feel the need to discipline either child. My child apologized to the other kid immediately after it happened. Neither kid has negative history or record – good grades in marching band.
I heard homeowners may cover this? Is that true? I feel like they are trumping this up for money but don’t want trial. What are our options here? Thank you.
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.
We will presume the students were under 18 years of age. Based on the facts you present, the blow was not one of self-defense. While your son may not have intended to fracture the student’s nose, in fact, he did. In the alternative, if the other student had fractured your son’s nose, whether intentionally or not, you would likely ask the student’s parents to pay for the medical bills and related costs.
Without health insurance, diagnosis and treatment for a broken nose typically includes the cost of the X-ray, a facility fee and a doctor fee for a typical total of $500 or less if realignment of bones is not required; between $2,000 and $5,000 if non-surgical realignment is required; and up to $8,000 or more if surgery is required.
The amount of $10,000 dollars may be reasonable, depending on the required treatment. In addition to medical costs, medications must be purchased, and a parent might have to miss work to take the boy to and from treatment.
In many cases homeowners insurance will cover injuries occurring off premises. However, your homeowner’s insurance company will likely not cover the student’s medical costs. They will consider the injury an assault and not an accident. Assaults are not covered under homeowners policies.
Learn more here: Parental Liability for Injuries
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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