You have, based on the facts provided, two causes-of-action. One is civil, and can include being awarded monetary damages against the child and his family. The second is criminal, and can include having the offending child be removed from the school, be put into juvenile detention, and/or a youth correction program. One thing you cannot do is threaten to pursue the criminal matter if the family doesn't pay your medical bills. You are not allowed to hold that over their heads. It sounds like you just want to be reimbursed, and not pursue the criminal matter. If that is what you are interested in please feel free to call me for more advice.
Aaron Marks, Esq.
The Marks Law Group, LLC
103 W. Dearborn Circle
Decatur, GA 30030
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It sounds like the police were not involved in the original process. Failure to involve the police at that time opens up a can-of-worms if you involve them now; the "out-of court" contract that you all signed may have made things more difficult.
There are two ways that you can proceed: File a lawsuit based upon the agreement that was made, or based upon the assault itself, and seek reimbursement or damages. There is a special statute in Georgia making parents liable for some damages caused by a child. The other way is to call the police now, and hope for the best. Be sure to advise the police that the only reason the delay for reporting the assault was trying to resolve it among parents, and that didn't work out as you hoped. This goes under the heading 'No good deed goes unpunished".
I would speak to an attorney first so that you can get more formal advise based upon all the details and evidence.
You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
The fact that you have agreed not to press charges and a contract complicates things. You might want I consider going I the police department and seeing if they will apply for a juvenile tale and hold. You may also consider calling the Victim Advocate at your local prosecutor's office and also look for a personal injury attorney.
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