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My son was in our complex playing football and a child broke his arm can I sue him/his family to help pay for the bills incurred
Allen, TX
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Posted 11 months ago in Personal Injury
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My son had his arm broke 2/4/09. He went to surgery on 2/10/09, received 3 screws in his arm and 16 staples. To date he still has physical therapy and follow ups with the orthopedic doctor. I have insurance through my work that paid for most of the bills. Today after my insurance paid their part I owe 3,000 still not including the Physical therapy and Ortho follow up. It costs 15 every time he has PT (2 times a week) and 35 every time he has an ortho follow up (once a month). Here are details at the time of the break - kids from the complex playing football outside, my son sticks his arm out to hold an the opposing player he grabs the arm and pushes it back so far that the arm brakes right below the growth plate (left arm) the bone popped forward and broke at a slant, it looked dislocated
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Answers (2)
Edgardo Rafael Baez
This attorney is licensed in Texas.
Posted 11 months ago.
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Before considering whether to sue, who would pay if your son wins a case? For the most part, to win a case of negligence, you would have to prove that there was a duty, a breach therefrom, proximate and actual cause and damages. I don't think that there was a duty, or a breach therefrom.
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 10 months ago.
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Negligence cases require certain elements of proof. There must be legal damages such as bodily injury to be able to make a case. The injury must be the proximate legal cause of the conduct over which you are suing. The party responsible for the field must have had a duty to your son, which may well have existed here based on the brief statement of facts you posted. Plus, research is likely needed to see if the potential defendants have any immunities from tort liability.
There are too many variables that need to be discussed to give you the answer that you are looking for. The best thing is to actually sit down with an attorney and discuss all the important specifics. If there is an injury, with damages, and the fall was the result of some conduct that was not reasonable under the circumstance, then maybe, just maybe, a case might exist. Contact a local lawyer to talk specifics. Getting an attorney immediately to look this situation over with you is sound advice. There is no chance of protecting your rights if the statutue of limitations in the local where you might bring a lawsuit has passed. Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. Note: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. Check with a lawyer in your own jurisdiction. The law is constantly changing and answers different from place to place. |
