QUESTION
Who is responsible for medical bills if my 15 year old got punched by another 15 year old?
Asked on Oct 31st, 2013 on Personal Injury - New York
More details to this question:
My 15 year old got punched in the eye by another 15 year old. We had to seek medical treatment and now the eye doctor and maybe a specialist. Who is responsible for medical bills?
12 ANSWERS
The other 15-year old?s parents are responsible. Make a claim against their insurance company.
Answered on Nov 19th, 2013 at 9:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The 15 year old. fat chance you will collect.
Answered on Nov 05th, 2013 at 5:15 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, it depends. If the punch was unprovoked and came out of the blue, then the other kid's parents. If your son was attacking the other kid and he was defending himself, then probably you. If it was a fight and both parties were punching I would guess probably you. However, you need to consult with a local attorney about the facts to determine if you have a case.
Answered on Nov 05th, 2013 at 5:15 PM
James Eugene Hasser
Presuming you accepted responsibility for the medical bills, you are primarily responsible. You can seek reimbursement from the other 15 year old if he or she is liable. Good luck.
Answered on Nov 05th, 2013 at 12:15 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You are responsible to the doctors for payment. If the police bring charges against the other child, the Juvenile court can order the child to pay restitution, but I would not expect to get much. You can sue the child, but it will be difficult to collect. There is a law that would make the child's parents liable for up to $5,000 for their child's malicious destruction of property, but I do not believe it applies to assaults.
Answered on Nov 05th, 2013 at 12:14 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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The other parents can be held liable for injuries caused by their child. You should consult with an attorney to see if it applies to your case.
Answered on Nov 05th, 2013 at 12:13 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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The parents of the child are legally responsible for the conduct of their minor child up to a certain limit. If the child's acts can be considered negligent rather than intentional the parent's home owners insurance may cover the incident. Talk to an attorney and have him notify the parent's and request that they provide information on their homeowner's insurance coverage.
Answered on Nov 05th, 2013 at 12:12 PM
Thomas Edward Gates
The parents of the other person.
Answered on Nov 05th, 2013 at 7:29 AM
Ronald A. Steinberg
Who started the fight? If the other kid did, then it is safe to assume that your child was not a willing participant, and so the other kid is responsible. However, if the fight was between 2 consenting kids, then your child is responsible.
Answered on Nov 05th, 2013 at 6:16 AM
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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Have a guardian ad litem appointed for the other child and sue him and his parents.
Answered on Nov 05th, 2013 at 6:05 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The assailant is liable obviously, but he can't be sued directly since he is under age. His parents may have some liability (depends upon the state law). If it happened at school and there was a lack of supervision, the school district may be liable. Also, submit the bills to your health insurer for coverage.
Answered on Nov 05th, 2013 at 6:00 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are, it's your offspring and these things happen. You can't sue a 15-year old and even if you could he/she would not likely have any money. You can only go after the parents if you can prove with evidence that they knew or should have known this would happen.
Answered on Nov 04th, 2013 at 2:35 AM