My 14 year old son was attacked at school by another student. The student jumped him from behind and body slammed him twice and my son now has a broken collar bone because of it. Can I legally/civically/criminally do anything? He has been assaulted before and the DA did absolutely nothing but make the kid pay the copay on the ER visit and since my son has a broken collar bone I want more done this time. Is this possible?
Wow, this is awful. I think the probability of being able to hold the school liable is very low. Assuming it is a public school they would have governmental immunity, meaning they could not be sued for negligence, assuming there was any evidence of negligence by the school that is. With respect to a criminal complaint, absolutely you can contact the police department and see if they will pursue an assault charge against the aggressor, but there's no guarantee what the outcome will be. Could you hire an attorney to pursue a civil lawsuit against the kid? Yes, but: I doubt an attorney would take such a case on a contingent fee because the probability of ever recovering money is very low. You'd have to pay an attorney an hourly fee.
If you are having trouble paying the medical bills your son may qualify under the Texas Attorney General's Crime Victim's Compensation Fund. That could help cover costs.
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sorry to hear about your son. You should definitely report this to the school and police. However, my colleague is correct regarding immunity and likelihood of recovery civilly.
I'm so sorry to hear about your son! The situation is awful. As my other colleagues have said, you would most likely be chasing paper from here to eternity unless the aggressor's family was independently wealthy. Also a tough row to hoe attempting to sue the school. Criminally there may be something that can be done but it is the DA's decision.
All of the facts would need to be fully investigated. You could speak with a PI attorney since consultations are free. Don't be discouraged if the first lawyer tells you no but if 2 or 3 do, then you have your answer.
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The first step is to prove liability and if the other student is convicted for assault and battery then all you have to prove is causation and damages. However, a lot of insurance policies don't cover the situation at bar so seeking recovery is tough. You should seek advice from an attorney in your area.
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I agree with the other attorneys on this site. Your chances of finding a personal injury attorney willing to take on your claim are very low.It appears holding a school responsible for an incident like yours is nearly impossible in the state of Texas. Not so in other states.
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You may need to pay a lawyer an hourly fee to entice one to pick up the ball to investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
There is no Texas statute where you can sue a parent for their child's infliction of injury (unless you could prove they encouraged or knew he was likely to do it). However, had he broken your son's pen, they would be liable for that (there is a personal property damage liability law but none for personal injury).
You cannot make the DA bring charges, it is fully his discretion.
HOWEVER - you can force the school to protect your son from this child. Bullying laws and policy have to be the way you proceed. Make a bullying complaint in writing to the school principal, the superintendent and the school board detailing every incident.
If the school does not fully implement its own bullying policies get an education attorney to help you press the matter. Let me guess - the other kid is a football player or wrestler?
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You have gotten a lot of great advice from the others. In theory lots of claims are possible, but in practice that is a different thing. I'm really sorry to hear this and I hope your son is doing better.
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