Legal Question in Personal Injury in New York

My 12 year old brother had his nose broken today by a kid in the same grade level as him.

According to what my brother has told me, he stated that the kid asked him to get away from him. But my brother wouldn't. The kid shoved my brother away. My brother tried to punch him, missed, and got punched in the nose. This resulted in a fracture in his nose, with one of the bones in his left nostril pushed back.

He requires plastic surgery two days from now. What can be done about this? What charges can I press on this kid? I am from Brooklyn, New York.


Asked on 10/28/09, 11:19 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

I could be mistaken but from your own description, the boy punched your brother in self defense. I don't anticipate that you will be successful in this matter, but feel free to speak with other attorneys.

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Answered on 11/02/09, 11:41 pm
Pasquale Calcagno Calcagno & Associates, PLLC

It appears that boys will be boys but the fact remains that the school should have intervened and there may be a negligent supervision case agains the city. You have short deadlines to file claims against the city. When did this incident happen? This is the first and most important question. Call me, Pasquale Calcagno, Esq., for a free, no obligation consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com. We have convenient locations in Brooklyn, Manhattan, the Bronx and Staten Island. We can even have an attorney come to you upon request for a free consultation.

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Answered on 11/03/09, 9:05 am


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