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

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

personal injury
quacker99 asked:

We are wondering if we should find a personal injury attorney. My son has just returned to school and the boy is already harassing him the school does nothing. Should we get a restraining order?

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  1. Gramma says:

    See that lawyer pronto.

  2. g_insane says:

    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.

  3. Cam3452 says:

    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.

  4. rogueriverbob says:

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

  5. X Lake MI says:

    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.

  6. youbsonosyrosy says:

    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.

  7. Ralph T says:

    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.

  8. bushdeathgrip says:

    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.

  9. Mediocre Deity says:

    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.

  10. Nurse Susan says:

    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

  11. velvetca1972 says:

    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.

  12. Mr. Goodhi © says:

    I agree with Nurse Susan
    She’s covered everything.

  13. meg_an_728 says:

    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…..:)

  14. BellFlower says:

    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!

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