Hurt Friend

[SadMom]

Hurt Friend Update

I understand and accept that I am responsible for the medical expenses relating to the accident, but this situation has taken a turn. I believe that after consulting an attorney, she has determined that she doesn't have much of a case and that it would be difficult for her to collect anything more than the cost of the medical expenses. Therefore, she is coming after me personally. She has contacted CYS and reported an incident of "child abuse" resulting from the accident. The form I received (I have requested the full report) indicates me as a person who struck her child while serving as caregiver. I wasn't near her child when the accident happened. I am awaiting contact from my assigned caseworker, and wonder what will come next. I understand that CYS MUST (and I do appreciate that this is their role) investigate every claim...but am not clear as to how this accident relates to child abuse. I would appreciate more advice and am in the process of hiring a local attorney to assist with this. Obviously I am quite distraught, barely functioning at work and home, and unable to eat or sleep.

 

[moburkes]

This accident relates to child abuse because she lied about how it occurred.

 

[SadMom]

But how can she do that? Won't there be consequences for her by lying? So basically, she's just attempting to make my life hell (and succeeding I might add)?

 

[moburkes]

They don't know that she's lying. Its their job to investigate. Hopefully, their investigation will turn up that she was lying.

 

[SadMom]

Thank you. I'm sure it will.

 

[MandyD]

I understand and accept that I am responsible for the medical expenses relating to the accident,.

Who even told you this much? There was nothing in your description of what happened that would lead me to believe you have any responsibility towards the medical expenses. Don't pay her a dime.

 

[SadMom]

Actually....according to her, I could have prevented it by playing with them. She has now filed a claim of child abuse with Children's Services. This is my first experience with any type of agency, so of course I'm frightened. She has claimed I was negligent and that my son is "aggressive" and has a "history of violence". I wonder how this history took place without my knowledge. AND...I wonder too...why she would allow her son to come with us if this were true (which it is not).

 

[chrisdizz22]

Actually....according to her, I could have prevented it by playing with them. She has now filed a claim of child abuse with Children's Services. This is my first experience with any type of agency, so of course I'm frightened. She has claimed I was negligent and that my son is "aggressive" and has a "history of violence". I wonder how this history took place without my knowledge. AND...I wonder too...why she would allow her son to come with us if this were true (which it is not).

I wouldnt worry to much about child services.. they will see thru her lies. Her son go hit in the mouth, it was an accident. and accidents happen all the time with kids. And im sure child services is well aware of this.

Im sure if your son was aggressive or had a history of violence, you would be the first to know. and im sure his school would have a paper trail...

This woman is plain nuts, no doubt about it. I would just avoid contact with her. and maybe look in to getting a restraining order, If you feel her threats are over the line.

Its to bad for your son, and his friend that the mother is acting like she is. Im sure the kids have already forgiven each other...

 

[NYCboy]

You were on a mini golf course so he shouldn't have been swinging like it was a huge, pro golf course. But his friend should not have ran onto the course. This would be a tough one for the jury if it goes to court.

 

[SadMom]

Umm...he wasn't swinging like it was a huge golf course. He was attempting to get the ball to go up a hill on the course. Regardless...CYS has finished and determined it was an "accident" (no kidding) and the police have determined no criminal act was involved (again..no kidding). I have been told they were in fact baby teeth and according to the injured boy (who talked to my son at school) they were "wiggly" already. The CYS caseworker informed me that no additional medical/dental followup is necessary according to the report.

Thank you to all of you who offered advice, supportive (calming) comments. I have decided against offering to open my checkbook to pay her out of pocket expenses at this point. I believe by contacting CYS and allowing them to rule it unfounded (accidental) she has damaged her potential civil suit based on negligence and/or malicious intent. Am I wrong in this belief? Or am I reading too many free law webpages?

 

[lealea1005]

I'd have to say that I'm with you on this one! You were trying to be responsible, she was way over the top! Sounds like your son and the other boy are still talking and hopefully friends.

Lessons learned...your son: watch before you swing.
mr. wiggly teeth: watch before you jump infront of some one about to swing

Have a good weekend!

 

[NYCboy]

Umm...he wasn't swinging like it was a huge golf course. He was attempting to get the ball to go up a hill on the course. Regardless...CYS has finished and determined it was an "accident" (no kidding) and the police have determined no criminal act was involved (again..no kidding). I have been told they were in fact baby teeth and according to the injured boy (who talked to my son at school) they were "wiggly" already. The CYS caseworker informed me that no additional medical/dental followup is necessary according to the report.

Thank you to all of you who offered advice, supportive (calming) comments. I have decided against offering to open my checkbook to pay her out of pocket expenses at this point. I believe by contacting CYS and allowing them to rule it unfounded (accidental) she has damaged her potential civil suit based on negligence and/or malicious intent. Am I wrong in this belief? Or am I reading too many free law webpages?

How big is that hill? There's no hill in any mini golf course where someone has to swing like Tiger Woods and knock a kids teeth out. I don't unterstand why his mother got so angry when they were baby teeth anyway. She shouldn't have gotten like that. Hopefully they're friends again.

 

[SadMom]

Tiger Woods? Huh? No. It was not a Tiger Woods swing. I didn't really understand that comment until I read some of your other posts. I guess maybe you've never played a game of mini-golf with a hill leading to a windmill? Anyway...thank you so much for your comment. It's sad that this accident happened and it's sad that she responded the way she did. As far as being friends again? <blank stare> I really hope you were kidding.

Noticing there's a reason for the disclaimer on this site. Again...thank you for those members who were so helpful.