Legal Question in Personal Injury in Colorado

Last night my 9 year old son was lured away from our home by a 13 year old neighbor. He was then hit in the face with a rock (thrown really hard)... we took him to emergency room where he had to have 13 stitches. The injury was horrific. We are uninsured at this point (my husband actually started his new job today). Are the parents of the assaulting child responsible for the medical costs? The police are investigating and the city might press charges (ticket) or arrest the other child. What do I do? Do I contact the parents? They are aware this happened, they saw my son on his way home, they know their child (with a history of violence) did this injury to my son. They have not been by or left a note asking how my son is. We were in the emergency room until very late last night. This morning, the neighbors packed everyone in their car as though nothing has happened. I am watching my son closely looking for any signs of brain damage per the doctors instructions. What do I do, what is the next step, and what are the neighbors responsibilities? Help.


Asked on 10/12/10, 3:32 pm

1 Answer from Attorneys
Linda Chalat Chalat Hatten Koupal & Banker P.C.

If your 13-year old neighbor has a history of violence to others, then you may have a claim against the parents for failure to supervise and negligence in allowing their son to prey on younger children. Your medical expenses, both for the ER and for any future care your son requires, are elements of the damages you can seek. Pain and suffering, and emotional distress, are also part of your damages. And if your son has suffered any permanent brain injury, he certainly deserves compensation for that condition. I strongly recommend that you contact an attorney expereinced in such matters - we have sucessfully handled a number of cases involving violence inflicted by a minor upon another minor and we would be happy to answer your questions during a free consultation.

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Answered on 10/17/10, 5:32 pm


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