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Sam
Sam, Attorney at Law
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son was choked in school by another student until he blacked

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son was choked in school by another student until he blacked out, he only stopped choking my son after another student screamed at him to stop. Aministraters where informed that the perp. was involved in other infractions and neglected to protect my son and other students from the perp. Is the school liable and what should we ask for in damages.
Submitted: 4 years ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Sam replied 4 years ago.

hi

 

yes, the school would be liable - put you need to file criminal charges against the boy and you also need to have medical documentation for you son. you need to have him evaluated to determine if there were any permanent damage to him after he passed out or if there are any concerns for future damages or health care, etc - and if there is a mental or psychological problem to your son since the incident. without that no one can throw a number around. the amount is based on how the damages are valued and you need doctors to determine that. then a local lawyer would be able to assist.

 

 

Customer: replied 4 years ago.
charges were filed and doctor was seen said there shouldn't be any lasting affects but son is now having problems with other students retalating for my son turning their friend in. Principle never file an incciedent report until after we informed them we planned to file charges for assult. Same perp. bit my son on the shoulder and was taken to the principle to show him the bit marks the boy wasn't given any punishment. perp. isn't a special needs student or on an iep. I then went to see the super. and he talked me into not going to the school board and insured me that everything was going to be taken care of. I want a dollar figure....
Expert:  Sam replied 4 years ago.

hi

 

start big and negotiate from there. Sue them for $10 million dollars. And then let them settle it with you through negotiations - you might wind up with 10 thousand



Edited by Sam on 3/1/2010 at 5:03 AM EST
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21877
Experience: 20 years of experience practicing law.
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