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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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My son got hit in the mouth by another student in class back

Customer Question

My son got hit in the mouth by another student in class back in November 2014, The school tried to get a hold me, but couldn't, so they let him take the bus home. He suffered 2 teeth bent backwards and bleeding. The school district had us fill out forms and our agreement was my son back school and school reimburse medical expenses. Our son also needs a root canal repair now on one of those teeth because of this, so we would like to know if we have any case here or not. Because school denied to cover expenses now. Thank you! We have pictures and documents. We reported to police too.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
I am very sorry to learn of your son's injuries.You do have recourse here. With regard to the school, they are in breach of their contract to you - they agreed to reimburse you for your son's medical expenses and now they are not.You are also entitled to sue the child that hit your son (his parent's are liable for the torts that their child commits - so you can sue him for the tort of battery, which is an intentional tort, and the parents are liable for all "compensatory" damages - medical expenses plus pain and suffering, as well as "punitive damages" - additional money damages to punish the intentional conduct by the defendant).Personal injury claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert to testify as to the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care. Due to the complexity of these claims, I highly recommend that you retain a plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment). You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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