My son was beat up by a boy. Injured badly, required surgery. Would a personal injury lawyer help in this case

Mediocre Deity

100% yes. I would sue the parents AND the school. If the school is doing nothing and the parents are doing nothing, then you need to take action before this boy kills someone.

Gramma

See that lawyer pronto.

g_insane

Absolutely. The parents are responsible for the actions of this kid and you and your son should make sure you are compensated fully for this. A restraining order also makes sense. The attorney may also seek damages against the school for not acting on the harrassment. Definitely seek legal advice.

Cam3452

Yes! If he required surgery you can press charges, file a lawsuit that would require the assaulter to pay for medical expenses as well as court and lawyer fees.

Nurse Susan

I hope you have photos and documentation of all injuries.
1] Get an attorney with experience in suing for damages.
2] Call the police, and file a report. Then press charges against kid and parents..
3] file against the school - principal, school board, whoever is not responding to the boy's threats.
4] call the newspaper, or the local TV station = get publicity

X Lake MI

A lawyer will help, but be sure to get every detail from the situation...sometimes things pop out when you aren't prepared for it. If the school won't protect your son, they you will need to get the police/courts involved...the sad thing is that even the police won't get involved unless your son is in danger and it sure sounds like he is. I hope all goes well for you and your son. Good Luck.

rogueriverbob

get a lawyer,.....you might be pleasantly surprised,.....

Ralph T

Yes,you should get a restraining order and you should send a copy of your sons medical bills to the parents of the boy that beat up your son.
If they refuse to pay,then get a lawyer and sue them for payment.
They are responsible for their sons actions until he reaches the age of 18.
Your suit should also include future medical costs related to the beating.

bushdeathgrip

if the cost is higher than $5K it will exceed small claims....at that point i would hire an attorney.

even if its less i would keep records....put in writing what happened and provide a copy to the school.....record their response. in the event this continues, make sure this is on paper for a judge/jury to see. if it continues contact a lawyer.

if you notified the school, and parents of the other boy, id take them to small claims anyways.

daisybloom47

Yes!

velvetca1972

Not only could an attorney help you, but the mention of one to the school might just light a fire under them, because after all they are responsible for your son's safety while he is in their care! You have documentation that this boy is a problem, especially where your son is concerned, so be sure to talk to the school, and maybe even the school board, and then to the lawyer.... Your son deserves to be protected and feel safe enough to learn... and this boy needs to learn there are consequences for his actions, his parents should take a bit more of an active role in his life, if it takes a lawyer to get all this so be it. Speak up, talk calmly, but be firm, you are your son's biggest and best advocate, and he needs to see that bullies can and will be handled. Do it for him.

Pink Tresses

I would definitely contact the police and file charges if you have not already done that.

Contact the school ASAP regarding the harassment. This sounds like a very volatile situation for your son. Document everything.

Did this crime happen on school property? I think you should consider home schooling your son until the situation is resolved, I personally would not want my son in any more danger.

meg_an_728

Well quacker, first off you need to find out if the parents have anything to sue for. You can't blood out of a turnip. Most attorneys won't take a case on contigency fee unless there is a strong chance of recovering fees and a settlement.

Next, I suggest you read the state laws where you live regarding the schools responsibilities in protecting ALL students. I don't know of ANY school district that doesn't have rules in place to stop bullies. In fact they are mandated by state laws to protect your son.

What this kid did was committ aggravated battery. That is usually a felony in most jurisdictions. Was he arrested? Was he suspended from school? If no to both..why not? Further, if the school is aware of his hostility, I would be wanting to know in no uncertain terms why they are closing a blind eye to it. Any politcs involved with the parents?

Having had a son who had the crap beat out of him, I take a pretty strong stand against weak school administrators. My son was suspended and it was 5 boys against him...oh hell no the school wasn't suspending him for trying to fend them off. I took the school principle (who I worked for) to task, then I went to the school board and then the executive session of the board. I won my point.

I suggest you start out by consulting an attorney. I would also write a letter to the school priciple and cc it to the superintendent of schools. Let them know exactly what you are expecting of them with respect to your son's safety. Put them on notice post haste. Be polite, professional, but also firm.

Every teacher in that school should be aprised of this situation and making sure the offender is kept away from your son. Actually, the kid (perp) should be suspended for doing as much bodily harm as he did. Are you aware in most districts teachers take an oath? part of that oath is to see that no harm comes to their students. You might want to check into that also.

Do make that appointment with a credible attorney for a consultation SOON. The more information you can take with you to that appointment, the better.

In the meantime, I would have the police taking a report everytime this kid looks crosseyed at your son. Start a paper trail on him. The more police reports, the better. If the cops start showing up every day, maybe the school will take you more seriously.

The day coproral punishment was removed was the day more kids learned to be knotheads. There simply is no accountability anymore for these punks.

Best of luck to you and your son.....:)

Mr. Goodhi

I agree with Nurse Susan
She's covered everything.

BellFlower

Although meg_an makes good points, I'd just like to correct that yes, even if the parents don't have money, you can still sue and get money from them, its called liquidation. Say they have a fairly decent car, what the courts can decide to do is seize it, sell it and you can get the profits from it. Now I'm going to go ahead and assume that the surgery money isn't quite as much as a car, I don't know, I don't know what kind of surgery it was or what the cost of it was, but I'm sure they could do something like a second mortgage or a loan from a bank. Either way, they have to pay you if the courts tell them to. Good luck!

Bhuwan Chander

Namskar mera naam Bhuwan Chander hai mai Delhi mai Rehta hu Uttranchal mai mera janm huaa tha mai Delhi mai job karta hu or sath-sath mai 12th ki padhai mere saare apne bhai mujhse nafrat karte hai or meri kabilat pe mujhe baar-baar jhaskate rehte hai mai apne bhai ke sath tab se rehta hu jab mai delhi mai aaya tha tab se aaj mai uska chhota bhai uska dushman ban ke jee rha hu meri ek tamnna hai apne gaon mai ek institute kholu or khub mehnat karke. Mai ye sab kahani abhi likh to nhi sakta mai kafi preshan hu apni laife se jee to chahta hai mare ko par sochta hu ye meri Zindagi ki faite hai haar nhi manna chahiye par mere sake bhai ne mere papa ke samne mujhe apne bhai ka darj nhi dena chahta hai kehta hai tu mera dushman hai ya to mai marunga ya to ye marega aapka ek he beta rehga halaki Hum 3 bahi hai 2 bahan hai sabki shadi ho gayi hai mai abhi karna nhi chahta kiyo ki meri umar 19 ki hai abhi or mai pehle chahta hu khud apne pairo pe khade ho jau fir aage ki sochu ab mere sath khud mera saka bhai aisa julam kar rha hai mera yaha koi support karne wala bhi nhi mai apni laife ko aage badhana chahta hu mujhe koi ek aisa support karne wala milta uske guno ko mai kabhi nhi bhulta or vo mere laife mai ek Bhagwan ka rup hoga mujhe asha hai koi jaru meri problum ko solf karne mai jarur madhat hogi Mera Mobile No 9953061002

Enter Your Message or Comment

User Name:
User Email:
Post a comment: