Auburn, NY asked in Criminal Law, Personal Injury and Education Law for New York

Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

3 Lawyer Answers
Marco Caviglia
Marco Caviglia
Answered
  • Criminal Law Lawyer
  • Lagrangeville, NY
  • Licensed in New York

A: Report the matter first to the police. Then consult a personal injury attorney.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for your daughter's ordeal. In consulting with attorneys, learn if you are dealing with any notice of claim provisions - short filing deadlines that could arise in such cases. Also learn what evidence is available that is transient in nature, such as surveillance footage. I hope your daughter is okay. Good luck

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: So sorry to hear what happened to your daughter. If you haven't already, report the matter to the school's principal / assistant principal. You might even consider reporting the matter to the police depending on the severity of your daughter's injuries. Whether the school is responsible for what happened will depend on whether this other student had a prior disciplinary history such that the incident could have been foreseen and therefore prevented.

With regard to hiring an attorney, you can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Act quickly as you will likely need to file a Notice of Claim with the school / municipality within 90 days of the incident before you can bring an actual lawsuit.

Tim Akpinar agrees with this answer

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