Airsoft eye injury

[missmill]

We are located in Alabama. My 8 year old son was shot in the eye while riding his scooter along the sidewalk in our neighborhood. He approached a friend and while talking to that friend 2 older boys walked up to him. One of the boys shot my son in the back. When my son turned around to speak to them, the same boy lifted his airsoft gun and shot directly into my son's face while standing approx. 3 feet away. As a result my son underwent Retina surgery for a detached retina requiring him to lie on his stomach for 4 straight days. His vision is fine but he continues to experience pain, discoloration and floaters in that eye. The information on the accident has been turned over to insurance company of the older boy's parents. They have come to us with a settlement amount but we are not sure on our next step. We know we will counter offer and do not want to go through a long drawn out process. We want to make sure that our son is covered should another injury occur that cannot be repaired due to scar tissue in his eye as a result of this injury. We do not know a number for the counter offer. Are there specific cases that we can base our counter on? Thank you for your advice.

 

[ecmst12]

I am surprised the insurance even accepted the claim since it sounds like it was an intentional act/crime. You should not consider settling until his treatment is totally complete and you know what the permanent/long term damage will be. And then you should wait a little longer. In most states, the statute of limitations for an injury to a minor does not BEGIN to run until the minor's 18th birthday, so you have plenty of time. And I would definitely suggest at least consulting a lawyer before you proceed any further.

 

[justpassingthru]

I am furious reading this. Someone shot at my teenage son tonight and luckily missed (I found this site simply because I googled airsoft eye injuries). I talked to the shooter's Mother tonight, who was driving the car the kids were in and actually encouraged this act, thinking it was funny to do a "drive-by" shooting when my son was in the driveway. She thinks it is "fine" because it is only a toy gun (it was a semi-automatic, airsoft gun), and her 13 year old wasn't aiming at my son's eyes. My boys do have airsoft pistols that we use in the basement. All are required to use goggles and shoot only at cans we have set up in a protected range. I have NEVER caught my sons using their guns without eye protection. She didn't afford my son the option to put on his safety glasses before having her son shoot at him.

The cops were called to her house a year or so ago because her other son shot another person back then with his "toy" airsoft gun. The only reason I don't call the police is that another friend's son was also in the car, and I don't want him to get in trouble. But I'm still mulling it over -- I don't want another kid to get hurt, and I think that's the only way this idiot will get the message.

But your story is different. If I were you, I would contact an attorney, and probably the police. The reason they are offering a settlement so fast is they know that a serious crime was committed and you probably will be awarded a lot of money. They'll also require you to release them from any future liability and charges against the kid. I agree 100% with ECMST's reply to you.

I'm not a lawyer, Dr., etc. Just a Dad, but I am involved in risk management and injury litigation, as I prepare defense strategies for my company in general liability claims.

I detest the thought of filing personal injury lawsuits, but this is your son's eyesight. You say his vision is fine, but it's only been a bit over a month. Detached retina surgery is very serious. I'm sure your Dr. told you he far form "out of the woods" so to speak.

I hope your son is fine. Good Luck to you.

 

[Ozark_Sophist]

An 18 year old guy in a neighboring community was charged with felony assault after he shot his grandmother with an Airsoft gun. She had an injury near her eye. The guy just plea bargined out of jail time (the victim agreed, but I think she just wanted to not see her grandchild or child in court--or ever again).

Mediation may work if insurance company will consent.