Norwalk, CA asked in Education Law, Personal Injury and Civil Litigation for California

Q: My son was jumped at school by a couple kids wearing masks. He has a busted nose and lip. What legal options do we have?

5 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Las Vegas, NV
  • Licensed in California

A: If the police can track down the assaulters, you can sue them and make a claim against their parents, if minors, and potentially the homeowner's insurance.

There may be others liable, such as the school, if they took actions or failed to take actions that would be considered negligence. Consult with experienced attorneys in the State where this occurred.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear that your son was assaulted at school. That must be very upsetting for your family. Under California law, you have a few potential legal options to consider:

1. File a police report. Since this was a physical assault that caused injury, it may constitute a criminal offense. You can report the incident to the police and press criminal charges against the perpetrators if they are identified.

2. Pursue a civil personal injury lawsuit. You could potentially sue the assailants and their parents/guardians for battery, intentional infliction of emotional distress, and other torts to recover damages for medical bills, pain and suffering, etc. If the attackers are not identified, a John Doe lawsuit could be filed.

3. File a complaint with the school district. Schools have a legal duty to provide a safe environment. If the school failed to prevent the incident through negligent supervision, you may have a claim against the district. There are specific timelines and procedures for these claims.

4. Apply for victim compensation. California has a Victim Compensation Board that provides financial assistance for crime-related expenses like medical bills, mental health treatment, etc. for victims of violent crime.

5. Seek a restraining order. If you know who attacked your son and believe there is an ongoing threat, you could seek a civil harassment restraining order from the court.

I would strongly recommend consulting with an experienced personal injury attorney who handles school violence cases. They can review the specific facts and advise you on your strongest options. In the meantime, be sure to document and photograph your son's injuries, keep copies of medical records and bills, and write down everything you can remember about the incident while it's fresh.

I hope your son recovers quickly, both physically and emotionally. Please don't hesitate to reach out for support during this difficult time. Wishing your family all the best.

Michelle Alissa Ball
Michelle Alissa Ball
Answered
  • Education Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Regarding the school site and protections in the future: you can try to work with the school on determining who the kids could be, to get this addressed and ensure this does not happen again to your son. The school may pursue suspension or expulsion of the offenders if they can be identified. Schools often have cameras and may be able to figure out who the students may be.

On the personal injury matter, it can be tough to find an attorney for small injuries, but you could also look into that with a personal injury type of attorney.

Good luck.

John Rajaee
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Answered
  • Irvine, CA
  • Licensed in California

A: I'm sorry to hear about your son's situation. In California, you have several legal avenues you might consider:

1) Criminal Charges: Since the incident involved physical violence, you can report it to the police. They can investigate and potentially charge the perpetrators with assault or battery.

2) School Liability: You may have a claim against the school if it failed to provide a safe environment for your son. California schools have a duty to supervise and protect students from harm, and failure to do so can be considered negligence.

3) Civil Lawsuit: If the attackers are identified, you could file a civil lawsuit against the perpetrators or their guardians for damages. This can help cover any medical bills, therapy costs, and pain and suffering your son may be experiencing.

4) Restraint Order: If the perpetrators are known and there is an ongoing threat, you might consider seeking a restraining order to prevent further harm.

5) School District Action: Beyond legal actions, you can also request that the school or school district take immediate and appropriate disciplinary action against the students who committed the assault.

It's important to document everything related to the incident, including medical records, any communication with the school, and any other relevant information. Consulting with a lawyer who specializes in personal injury or educational law could provide you with specific guidance tailored to your situation.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Keep in mind it's possible that notice of claim requirements (short filing deadlines) might apply, depending on type of school. Good luck

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