My son is 5 years old. His bone was reset and placed in a cast. The mother was angry at her child the day of because of the incident. However yesterday she made a comment to my daughter that her son did not push my son. My daughter saw the incident. I didn't want to sue her I was more worried about him the day it happened. I also feel she can't afford to be sued. What happens to my son though? My son was rushed to the hospital and was giving sedation.
If you sue, you would sue the child'a parents. Be aware that you will likely have to prove that child intentionally pushed your child and that the child has a history of doing this type of harmful activity. . Just because the child injured your child does not automatically make the parents financially responsible. Sometimes when kids are playing someone gets hurt and the law realizes that fact and does not make every child's injury into a lawsuit. Additionally, even if you win and get a judgement against the parents you would then have to collect on that judgement. If the parents don't have enough assets to pay you off then you will be left with a judgment that may be uncollectable. Think about whether you will be able to get money back before you spend time and money suing. You might want to speak to a personal injury attorney in y our area to see if it's worth going forward.
Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.
You may not need to "sue" anyone. If the parents have homeowner's insurance, you can make a claim with their insurance company for the injury. You should speak with a personal injury lawyer in your area who can go into this in more detail.
This answer is intended for informational purposes only. No attorney-client relationship is established by the use of this site. Nothing on this site is intended to be, nor takes the place of, legal advice.
Have this situation reviewed by a local attorney.. If the mother has homeowner's insurance or renters insurance, her son is covered for negligent acts.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I am sorry to hear about your 5 year old's injury. A cast is no fun, and certainly not in the summer. I think that you should find an attorney in your area and schedule a consultation. Depending on who owned the property where this occurred, and some other facts you may not have thought to include in your question, there could be a few different avenues or legal theories to pursue. A face to face meeting with an injury lawyer is where you should start.
The specific outcome of any legal situation depends on the particular facts and controlling law of that situation. My answer here is for the purpose of general information about how the law works and is not intended to create an attorney client relationship between you and me. If you have any questions regarding your legal rights and remedies, contact a lawyer personally.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline