What to do if my daughter injured when she was intentionally pushed off of a dock?

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What to do if my daughter injured when she was intentionally pushed off of a dock?

My daughter (18 years old) broke her ankle when she was pushed off a dock by a male classmate. This was during some “horseplay” with a group of kids. The boy did not intend to hurt her, but I feel he had an obligation to know the water into which he pushed her was very shallow. My daughter did not push anyone into the water. I expect my health insurance will cover the majority, but not all, of the medical expenses (cast, etc.). In addition, my daughter will not be able to work at her summer job until the cast is removed.

Asked on June 15, 2012 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since your daughter is 18, she is an adult and can sue the boy who pushed her for assault and battery.

Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Assault does not require any physical contact, only the reasonable apprehension of immediate physical contact (battery).

Battery is the intentional harmful or offensive touching of the person of another without consent or legal privilege.

Your daughter's damages (the amount of compensation she is seeking in her lawsuit) would include her medical bills, pain and suffering, and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports documenting the nature and extent of the injury.  Compensation for wage loss is straight reimbursement.  Your daughter will need to file her lawsuit prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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