Legal Question in Personal Injury in Georgia
I was asked to repost with more info...
My son was outside after lunch. Several boys in his group were having fun, joking around, burning off energy as you would say. My son happened to be walking by and one of these boys pushed him into the brick wall. I really don't want to believe that any evil intent went with the push. The boy was a bit larger than my son, and he had to pushed with some force. He could have had his mouth open when this happend. Two teeth were broken both vertically (at the gum line) and horizontally. They cannot be repaired. One tooth was chipped. A temporary fix was performed by a general dentist until we can be seen by another professional. Dental coverage that I have might not cover the full expense of repairs. He will need a partial or equivelant. Right now eating is also an issue. I was wondering who would be responsible for out of pocket expense that can cost in the thousands? Two "fake" teeth plus surgery cost $1500. per tooth.
3 Answers from Attorneys
If you sue with a lawyer, you will pay more to the lawyer than the cost of the bill. You might be able to sue the parents of the boy in small claims court.
Also consider that if you push legal action for something that was just horseplay that went a little too far (as opposed to real bullying or violence), there may be ongoing ramifications for your son in school. Kids get hurt, but yours will be the one who sues.
The boy who pushed your son acted negligently. Probably he lives in a household that is covered by homeowner's insurance. One of the coverages under a homeowner's policy is liability coverage that pays claims made against the insured (the boy would be considered an additional insured). Talk to the father/mother of the boy and find out the name of the insurance company and make a claim. You may want to consider hiring an attorney if the boy's parents are not forthcoming with the name of the insurer or if the insurer disputes the claim.
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