QUESTION
Can I sue a teacher for punching me in the nose if my nose only started to hurt but not bleed?
Asked on Oct 06th, 2012 on Personal Injury - Florida
More details to this question:
We were in class and she got mad at us. She threw temper tantrum and she went around snatching posters and papers from other students. She came in my friend’s face trying to pick a fight with her. Then he turned around, punched me in the nose and played it off by picking another student's paper. So then later on, I went to her one on one and asked if she noticed that she had hit me. She to sit down and she cut me off by threatening to write me up if I didn’t go sit down. After class, two others and me went and told someone.
15 ANSWERS
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Yes.
Answered on May 21st, 2013 at 3:05 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Yes you can sue the teacher for punching you in the nose even if only hurt but did not bleed. However, the value of the case may be so small that it may not be worth spending the money to sue the teacher. The value of the case is depends on a number of factors including, but not limited to, how long your nose hurt and whether you needed medical treatment. If your nose only hurt for a couple of minutes after you were punched and has not bothered you since then the value of the case is very low. It is possible that you may have a civil rights claim against the teacher, which would permit you to possibly collect attorney fees and punitive damages. However, without knowing what school was involved I cannot comment on whether you have a civil rights claim or not. You might want to talk to a personal injury attorney about your case to learn more about your rights and options.
Answered on Oct 17th, 2012 at 11:07 AM
Ronald A. Steinberg
Get a lawyer! A teacher is not allowed to hit a student. Get witnesses to go with you to the lawyer's office.
Answered on Oct 10th, 2012 at 5:16 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File a police report.
Answered on Oct 10th, 2012 at 1:02 PM
Trial Practice Attorney serving San Diego, CA
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Bagula, Riviere, Coates and Associates, LLP
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Teachers are not permitted to strike students in this way. Since you have witnesses to support your case, you have several options: 1) Tell the school principal; 2) Tell the police; and 3) sue.
Answered on Oct 09th, 2012 at 6:51 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
If you were punched, you could sue in civil court for assault and battery. The issue would be your damages. The fact that your nose did not bleed would not be the only factor. Factors such as whether you went to the doctor, missed school or work, or had other damages.
Answered on Oct 09th, 2012 at 6:50 PM
Thomas Edward Gates
While you could sue, the case has very limited damage potential. You could have her charged with assault 4, but you failed to prove it was her intent to harm you.
Answered on Oct 09th, 2012 at 1:31 PM
Dennis P. Mikko
Based on what you have said, the acts of the teacher could be assault and battery. While there may be a legal claim, it does not sound like you suffered any real damage and that would have an impact on whether a lawsuit would be worth your time and trouble.
Answered on Oct 09th, 2012 at 1:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You certainly can but who is going to pay the attorney fee for a year and a half or 2 years of litigation? Why don't you just report the behavior to the principal and the school board.
Answered on Oct 09th, 2012 at 1:30 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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This needs to be reported to school officials. If you have a witness that saw her hit you, you need to report it. Had she fessed up and apologized, that's one thing, but she apparently went into denial mode instead. As for suing, you can, but you really only have emotional distress damages since there are no medical expenses. Some students have made a big deal out of such incidents and sued. Its a huge stain on a teacher's record and could lead to her discharge. So give serious consideration to how you handle this. Keep in mind that if it is a public school or university, you need to file a government tort claim within 6 months of the incident before you can sue (as a required prerequisite).
Answered on Oct 09th, 2012 at 1:30 PM
Report the matter to your parent(s) and allow them to handle it since you are a minor.
Answered on Oct 09th, 2012 at 1:30 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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What a loser you seem to be. Are you the Eddie Haskell of your group? In junior high, a teacher no one like, walked through the study hall aisle. After she passed some of the guys, one of them used his Bic pen like a blowgun and shot a little wad of wet paper like a dart. It hit the side of her neck and stuck. She slapped at it like a mosquito had bitten her. She whipped around, we all kept playing cards. When she got outside in the hall we burst into hilarity like something had happened in the card game. She knew. So consider what happened to you as payback from the teachers' side of the equation of power.
Answered on Oct 09th, 2012 at 1:16 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue, but you have the prove damages. Your damages may not be significant enough to sue. You might want to complain to the principal about the teacher's behavior.
Answered on Oct 09th, 2012 at 1:12 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Well, you can, but it it would not be worthwhile as far as a lawyer is concerned. If you can get a few witnesses, you could try bringing her to small claims court just for the sake of it.
Answered on Oct 09th, 2012 at 1:11 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You picked the right course of action: going to someone above her in the school system and report the battery. If you only suffered the indignation of being hit in front of other students and the temporary pain of being hit, it wouldn't be worth it to you to file a lawsuit. You would have to pay the filing fee out of your own pocket, which in Florida is only $400, and there are too many hoops to jump through to make it worth your while.
Answered on Oct 09th, 2012 at 1:04 PM