Legal Question in Personal Injury in Illinois
Parents of bully wants me to pay for medical bill.
My 12 year old son had an altercation with a boy who had pushed him several times telling him to "go ahead and hit me." My son hit him in the mouth causing a cut on the boy's mouth. The boy's parents come to my house say that her son was totally innocent and that she was going to press charges. We contacted the police and told them the story. The officer said he had to turn it over to juvenial authorities because there was an injury. It has been two weeks and the authorties did not contact us. Today the mother came to my door with a copy of the hospital bill and a note saying that if we did not contact her within 10 days that she was going to take us to small claims court. Do we pay?
2 Answers from Attorneys
Re: Parents of bully wants me to pay for medical bill.
This is somewhat out of my field; I usually
do negligence. Turn this matter over to
your homeowners insurance carrier; I think
you may have $500 exposure, and I believe
the carrier covers you here.
Re: Parents of bully wants me to pay for medical bill.
Don't pay. The mother may be bluffing. If she does in fact sue you in small claims court, then you can decide to pay then, though you may also have to pay her her court costs. If she does sue you in small claims court, then the outcome will likely depend on how the judge views the facts. The issue will be whether your son's reaction to the bully was appropriate. Clearly, your son was not privileged to pull out a gun and shoot the bully for pushing him, but he may have been privileged to use reasonable force to stop the bully's ongoing assualt and battery. Of course, if the judge finds that the bully did in fact invite your son to hit him (though the bully will no doubt deny this) then the judge may find against the bully based on the defense of consent. These are both questions of fact. If the judge thinks that your son should have and could have just walked away, he might find for the bully. There are other considerations that should be discussed in private with an attorney, rather than on the internet.
In any event, whether to pay is also an economic question. If the amount requested is less than the cost (in attorneys fees, court costs, and time lost) to defend yourself and your son, then there is nothing wrong with settling, as even if you defend and win, it may cost more than its worth.
You can advise your insurer, and it may be prudent to do so, but in my experience, unless you are sued and the suit claims negligence, your insurer will deny the claim on the grounds that your son's conduct was an intentional act. Intentional acts are generally excluded in typical homeowners insurance policies.
Before you do anything, or talk to anyone, however, you should consult with an attorney.
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