Legal Question in Personal Injury in New York

assaulted at school

on 02/06/2007 my just turned 9 year old som was hit and shoved by a girl in his class, he was shoved into the edge of a wooden chair. hid two front teeth were broken, he lost 3/4 of one tooth and about 2/3 of the other. we filed our intent to bring claim and now we are being hustled. the dentist is giving estimates in of between 31-41000 dollars for the muliple root canals and then repalcement of the teeth once he reaches the age of majority. the attornry we have is telling us that we should take what we can get. he has been very pressuring . he then goes into a tantrum about not wanting our case in the first place.???then why take it? we have spoken to school staff on at least 5 occasion before this last incident. we were brushed off because it is a girl that is the agressor. even after the incident the school did not willingly remove this child to another class and he was forced to be in the same class room with his attaker for another 5 days. until we met with the mother and she relented to moving her daughter. any advisement would be appreciated. I will not have my son feeling there is no justice for him. they have not protected my son.they kept making gender refrences i feel he was biased against too


Asked on 7/27/07, 7:59 pm

2 Answers from Attorneys

Re: assaulted at school

Student on student assaults are difficult cases because you have to prove that the school has notice that the assaulting student had a propensity for violence. What complaints did you make before the incident? Was the other student in trouble before the incident. I am currently handling 2 similar cases. Does you child have other injuries besides the dental issues?

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Answered on 7/30/07, 8:56 am
Jason Stern Law Offices of Jason Stern

Re: assaulted at school

Your questions cannot be answered without additional information. Is your case in suit? Did the City make an offer to you? Have you consulted with other dentists?

You may contact my office via email for a complimentary consultation. Please leave a telephone number where you may be reached.

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Answered on 7/29/07, 11:19 am


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