What are our rights if my son was assaulted by another student at their high school?
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What are our rights if my son was assaulted by another student at their high school?
The attack was with a wooden hall pass; he was struck in the head and required a staple to enclose wound. The other student involved was found guilty of a felony 2. After the incident happened, the school never called the police or filed a report (in fact they refused to talk to me about what happened because the principle was to busy and had meetings to attend). They never called EMS to assess the head injury and they also allowed him to go home with someone ho wasn’t on his emergency contact list. I went to the police and filed a report and took my son to hospital to get checked out, since the school failed to do this.
Asked on December 22, 2015 under Personal Injury, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Assault is an intentional act. The school may claim that it is not liable for an intentional act; however, it would be liable for negligence for not contacting EMS so that your son could receive medical treatment and allowing him to go home with someone not on the approved list.
Assault is both civil (lawsuit) and criminal. You could sue the attacker's parents. The civil and criminal cases are separate and proceed independently of each other.
Prior to filing a lawsuit for negligence against the school district, it may be possible to settle the case with the school district's insurance carrier. Notify the school district's insurance carrier in writing of your son's personal injury claim.
When your son completes his medical treatment and is released by the doctor, obtain your son's medical bills and medical reports. Your son's personal injury claim filed with the school district's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of his injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the school district's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the school district's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the school district. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor and a minor cannot file a lawsuit himself.
If the case is NOT settled with the school district's insurance carrier, the lawsuit on behalf of your son against the school district for negligence must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
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