My son whom is 11 years old was not only grabbed and bruised on his arm ( have photos ) by this man, but he and other children were also verbally abused by this man. The day this incident was reported six other children ranging in age came into the office complaining about this mans behavior and that they were scared of him because he physically grabbed my son and pushed a little girl into her seat. All six kids were asked to write what happend and they all cooberated with each other. A social worker was called into the school and believed the children. We were unable to get the video from the bus as it had already recorded over itself. Is there a personal injury claim here??
Consult a local injury lawyer and have a meting to get his/her thoughts. Take photos of the bruising. Your child should see the doctor if this hasn't been done already.
Depending on the severity of the injury, there may be a claim. A lawsuit is actually filing a complaint in court and starting the litigation process, and that whether that would be warranted would probably be determined by the extent of the injuries.
Keep in mind that if this is a public school, then an administrative disciplinary process has probably already begun and will proceed whether or not a claim is filed.
Your son has a claim for Assault and Battery. You will need to hire an attorney and make an application to be appointed gaurdian ad litem, and then you can prosecute your son's personal injury claim. Consult with a local Personal injury lawyer in your area who has experience representing minors.
The school bus driver is responsible for the tort of battery on your child. However, the school bus driver might not have any assets or insurance so it might not pay to sue the school bus driver directly.
The school board is not responsible for the battery, it has sovereign immunity. However the school board might be responsible for negligently hiring the bus driver. The appropriate statutory notice dates to be given to pursue this claim.
You do not have to have a guardian ad litem appointed to pursue the claim. It can be brought by either of the child's parents for the child, as the child's "next friend."
Whether to actually pursue the case really depends on the extent of your child's injuries.
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