What to do if my daughter was injured by her cousin?

UPDATED: Feb 15, 2012

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What to do if my daughter was injured by her cousin?

My daugther was injured by her cousin while wrestling. Before being injured she told him to stop on several occasions  but he didn’t. She had to have surgery for a torn ACL/menicus. I now have medical expenses to cover and had to alter travel plans. Can I sue?

Asked on February 15, 2012 under Personal Injury, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with a personal injury attorney. Whether or not you can successfully sue and recover depends upon whether the injury was caused either deliberately (i.e. he tried to hurt her) or unreasonably carelessly (which is negligently). Negligence is judged in terms of the situation and also the age of the people--if the cousin was 14, he may well have been negligent, if she said to stop; but if he was 4, then he might not have been; the standard of behavior and care for a 4-year-old is appropriately lower. Experienced personal injury counsel can listen to all the facts and advise you as to the existence, strength, and value of any lawsuit or claim.

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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