Legal Question in Personal Injury in Florida

Neighbor shot 7 year old in mouth w/bb gun

My 7 yr old visiting a neighbor whose 9 year old shot my 7 year old in the mouth w/bb gun on his grandmothers' property. Grazed her lip and shattered her permanent front tooth #8. Police report was written. Dentist states tooth has trauma, will take 1 to 2 wks before signs of nerve damage to appear. Mouth has not fully developed, more dental work due to this incident expected in future when mouth is fully developed.

Could you pls advise on what recourse I have, what actions I might take? Thank you kindly.

Cynthia


Asked on 5/10/02, 10:22 am

5 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Neighbor shot 7 year old in mouth w/bb gun

Your 7 year old daughter and her parents may have a claim against the homeowner for the injuries suffered, however, it is too early to determine the value of the claims. If you want to learn of all possible rights you and your daughter may have, you should consult with an attorney who will obtain, compile and organize all pertinent information, including medical records and applicable insurance policies, and investigate the facts surrounding the incident to properly advise you of your legal options. If you are interested in having a face-to-face confidential consultation, please fell free to call or write my office and we will gladly schedule an appointment.

Regards,

Peter A. Gonzalez

305.445.0937

Coral Gables, FL

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Answered on 5/13/02, 2:04 pm
David Slater David P. Slater, Esq.

Re: Neighbor shot 7 year old in mouth w/bb gun

You should certainly present a claim for the injuries sustained against the home owner. The best way is to have an attorney represent you and your son No doubt the home owner has an insurance policy to cover them. Call me if you want further inf at 561 998 9401. Best of luck.

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Answered on 5/10/02, 11:35 am
Michael Tobin Michael M. Tobin, P.A.

Re: Neighbor shot 7 year old in mouth w/bb gun

You need to consult with an attorney who will preserve the evidence and determine whether the grandmother or the parents have personal liability insurance with their homeowners insurance. You might simply ask them. They may also have medical payments coverage in their policy to pay the bills right away.

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Answered on 5/10/02, 11:37 am
Scott Sterling Law Offices Of Scott L. Sterling, PA

Re: Neighbor shot 7 year old in mouth w/bb gun

Cynthia, It is likely your 7 year old may have a claim for her injuries against your neighbor. There may be coverage under the homeowner's policy

of your neighbor. You should try to get the insurance information if possible. It is to early

to place a value for the loss. If you have any questions please call.

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Answered on 5/10/02, 12:42 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Neighbor shot 7 year old in mouth w/bb gun

The first question you have to answer is what do you want to do? Inasmuch as this involved a neighbor, you may just wish to speak with them to see if they will voluntarily pay your child's medical expenses and preserve the relationship.

If this will not work, then you may want to save the evidence, take photographs of your daughter's injuries and determine whether the grandmother or the parents have personal liability insurance coverage with their homeowners insurance. You may also seek to review your own insurance to see if there might be some coverage. The neighbor may also have medical payments coverage in their policy to pay the medical bills now when it is needed most.

Your third option is to consult with an attorney who will evaluate your situation and the injuries sustained to determine if a claim for damages is appropriate. You may have to file a lawsuit in order to collect.

Scott R. Jay, Esq. 305-249-8000

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Answered on 5/10/02, 6:32 pm


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