Student attack by other student at school recess

[Carol Newberry]

What is the name of your state? Delaware

My 12 year old son was kicked at recess while with group of children. He did not provoke the Black Belt who kicked him, and we have witnesses to attest to that fact. The child that kicked my son is a black belt in Karate. My son suffered a broken thumb through the actions of the child. We have incurred thousands of dollars of out of pocket expenses for the treatment of his injury as well as emotional distress. We are looking to the child's family for reimbursement of those expenses. Do we have any legal recourse here? We have not yet filed a police report as the school did not file one and is a not a requirement as a private Catholic school in Delware. Should we file a report to support financial reimbursement? The child was only suspended for one day and we have not received an apology from the child. What are our options here?

[Hot Topic]

"Thousands" of dollars for a broken thumb? Sounds excessive.

You can file with small claims court, but I don't see you being compensated thousands of dollars, and you won't be compensated for pain and suffering.

[caslerst]

Originally Posted by Hot Topic

"Thousands" of dollars for a broken thumb? Sounds excessive.

Not necessarily. My sister-in-law had a boy in high school who was trying to playfully kick her in the butt. She tried to block his foot with her hand and he broke her thumb.

Emergency room, x-ray, surgery, casts, more x-rays, follow up visits...it adds up.