Visitor Question

Child Gets Staples for Cut on Skull…

Submitted By: Shamara (CA)

My four year old son was injured at school by another child his age. My son was hit in the head with a plastic balancing disc and had to receive 3 staples on the left side of his skull.

My son is currently covered by our health insurance which covers the medical costs, but I feel like the child’s parents should have to cover the cost. Is this right? Is there anything I can do? 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.

Answer

Dear Shamara,

The State of California permits persons who are injured or who have suffered property damage by the acts of third party children to pursue legal claims against those children.

With that said, getting from the point of liability to payment is difficult. To do so you must contact the parents and tell them you want them to pay for your child’s medical bills. That in and of itself will be a challenge. You can presume there is a high probability the parents will not agree to pay the medical bills and related expenses.

If (When) that happens you will have to consider legal action. You have a couple of choices. The first will be to file a Small Claims Court lawsuit. You can do that “pro se,” meaning you can file the lawsuit yourself without the need for an attorney.

In the State of California the jurisdictional amount, or “limit” of you can sue for in Small Claims Court is $7,500 dollars.

If your child’s medical bills exceed that amount you can sue in State Court. Although you can file a lawsuit there “pro se” as well, you would be well-advised to retain an attorney to represent you. In State Court you are in the “big leagues”. That’s where attorneys are plentiful and highly skilled.

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: January 29, 2012

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