What type of lawyer should I seek if I believe that my disabled son is being assaulted at school?

UPDATED: Mar 26, 2012

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What type of lawyer should I seek if I believe that my disabled son is being assaulted at school?

I have a severly disabled child. He attends the public school. For the last month he has came home w/ multiple injuries. The most recent was this past Friday. I was told he removed his helmet and fell leaving a gash over his eye that required stitches. However, the other side of his face was red and swollen. It appeared that he had been hit. This is just 1 of 4 accidents that has happened this month. We had a similar accident earlier this year and a student knocked his tooth out and chipped 2 others. They were very nonchalant and stated repeatedly that my son hits other kids.

Asked on March 26, 2012 under Personal Injury, Michigan


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

Answered 10 years ago | Contributor

It would be advisable to speak with a personal injury attorney.  You could sue the school district for negligence for the school officials not adequately supervising the kids resulting in your son's injuries.

Prior to filing a lawsuit for negligence against the school district, it may be possible to settle the case with the school district's insurance carrier.  When your son completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports.  Your son's personal injury claim filed with the school district's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the school district's insurance carrier, reject the settlement offers and file your son's lawsuit for negligence against the school district.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because a minor cannot file a lawsuit himself.  If the case is NOT settled with the school district's insurance carrier, your son's lawsuit for negligence against the school district must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.

Assault and battery are intentional acts.  Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or privilege.  No physical contact is required for assault.  Battery is the physical contact.  Battery is the harmful or offensive touching of another without consent or privilege.

You could sue the parents of the kids who hit your son for assault and battery.

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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