Is it wrong to sue?

[sober9-18-02]

Hi, I was wondering if it is wrong to sue? As you might know my son William got hit in the head with a baseball bat on Monday. It was on purpose He had to get stiches. Before that 4 weeks ago he had his front teeth knocked out of his mouth. They clame it was an accident. The teeth were saved and he has a brace on to keep them in place. Back in June there were two insidents that he had a black eye. William is home now we picked him up last nite late. He has seisours from the truam he had when he was little. William is adopted he came to us at age 4 we adopted him at age 9. My son has come a long way and for right now he seems to be taking a step backwords. He got really mad last night and punched a wall. I am suppose to be hearing from the school today to set up a meeting on what is going to be done. So my question is should I sue for the medical and emotional state. Or am I to just not do anything a find a different school. I do not know what to do. I want to handel this matter in a godly way.

[JustinM]

If your son is being bullied or beaten by his teammates and the coaches are not doing anything about it' then I would sue them for negligence and make them or the sports league, in the very least pay for your child's medical care and legal fees. But, I would talk to the coaches or whomever was supervising your son at the time of the attacks and ask them why it happened and who did it. I believe sueing someone is a just and righteous action to take, but use the legal system to seek compensation for your fees and child's well-being (do not seek to become rich from this, as that could be cause for unjust enrichment and your attorney will be able to advise you on that, if he is a man of integrity). If you decide to sue the people don't ask for much more than your out of pocket expenses, but your son needs to be justly compensated (in a limited amount) for his mental anguish and use that money to set up a college fund for him, if it comes to that.

Edited October 17, 2006 by JustinM

[LadyRaven]

Hi, I was wondering if it is wrong to sue? As you might know my son William got hit in the head with a baseball bat on Monday. It was on purpose He had to get stiches. Before that 4 weeks ago he had his front teeth knocked out of his mouth. They clame it was an accident. The teeth were saved and he has a brace on to keep them in place. Back in June there were two insidents that he had a black eye. William is home now we picked him up last nite late. He has seisours from the truam he had when he was little. William is adopted he came to us at age 4 we adopted him at age 9. My son has come a long way and for right now he seems to be taking a step backwords. He got really mad last night and punched a wall. I am suppose to be hearing from the school today to set up a meeting on what is going to be done. So my question is should I sue for the medical and emotional state. Or am I to just not do anything a find a different school. I do not know what to do. I want to handel this matter in a godly way.

I would seek punitive damages unless of course the other party wants to reconcile and shows a willingness to take responsibility for the problem. part of the use of the civil law is to teach people to behave in a responsible manner and to responsibility for whatever they do to other people. You are not required to suffer with bills you can't afford if there is a legal remedy for the problem either. This would cause your son, who is the victim, suffer needlessly.

I also would also try to find another school. Whoever is doing this is probably not acting alone and even if one parent takes responsibility for it, the kids in school will gang up on your son and take it out on him that the other kid got in trouble.

Paul demanded his rights as a citizen, you can too. When the scripture says not to go to court it doesn't mean this way, it means that Christians are supposed to reconcile to keep the name of Christ out of the heathen system of Rome. The Bible does provide precedent for seeking damages and whatnot, I don't see how that principle changed in the NT, just the means and such did.

[Leonard]

When I was a kid going to school in Wyoming, I've got to say that for Wyoming kids, our favorite participant sport was fist-fighting! That's something kids do.

A criminal attack with a baseball bat is a VERY DIFFERENT THING! Not only should you sue, you should pursue CRIMINAL prosecution against the perpetrator. This is Assault with a Deadly Weapon. This is definitely a matter for the police, and a good tort lawyer.

[sober9-18-02]

Heres the situation I don't know if I mention in my Prayer request that william is in a school for those who are mental retarted. So the kid who did this is a special needs child. I must pray for him to I found out this moring he had a pshicatric(Sorry spelling) break down from this insident. He is now in the mental hospital for children. So im not blaming the boy. I am blaming the school because these kids should be better monitor. The clinical worker on my sons case said he is going to gather all the information and reports on all the insidents since June. I just feel the school should be responable for my sons injureys. I do have a meeting set up for Oct. 24th in that meeting will be superindent, Chair person for Special eduacation teacher, head person in my sons dorm, pshcyitric, nurse and my husband and my self. I just want to handle this right. But I must tell You I am proud of my Son he told me Mommy I forgive robert for what he did. Just like you taught me to. Im still mad about it.

[Floatingaxe]

The Word of God only tells us Christians not to sue each other. Certainly, if you have been violated outside of the Body of Christ, you have every right to be made right! That is what the government and the court system is for! Avail yourself of these things as God has provided.

[billie]

Not only should you sue, you should pursue CRIMINAL prosecution against the perpetrator. This is Assault with a Deadly Weapon. This is definitely a matter for the police, and a good tort lawyer.

This, in my opinion, is the best advice that can be given.

Also, if your son will be forced to go to school with any of the kids who assaulted him, I'd most certainly take him out of the school, and I'd let the school know why.

[sierra21]

Heres the situation I don't know if I mention in my Prayer request that william is in a school for those who are mental retarted. So the kid who did this is a special needs child. I must pray for him to I found out this moring he had a pshicatric(Sorry spelling) break down from this insident. He is now in the mental hospital for children. So im not blaming the boy. I am blaming the school because these kids should be better monitor. The clinical worker on my sons case said he is going to gather all the information and reports on all the insidents since June. I just feel the school should be responable for my sons injureys. I do have a meeting set up for Oct. 24th in that meeting will be superindent, Chair person for Special eduacation teacher, head person in my sons dorm, pshcyitric, nurse and my husband and my self. I just want to handle this right. But I must tell You I am proud of my Son he told me Mommy I forgive robert for what he did. Just like you taught me to. Im still mad about it.

Okay. I see where you're coming from here. And I have to agree with you. The school is responsible for ensuring safety to both the students and staff. If there are students in the school that cannot handle having sports equipment as such, it is their responsibility to replace them with safer equipment.

While a mental disability is an excuse for this behaviour, it is not an excuse for the schools behaviour. Your child deserves to be safe in school, and if this school cannot provide that, I suggest you look elseware.

However, I would wait until the meeting you have set up with the school to decide whether or not you are going to seek legal assistance. Take your time and really pray about this matter- let the Lord show you what you should do.

sierra

[sober9-18-02]

Heres the situation I don't know if I mention in my Prayer request that william is in a school for those who are mental retarted. So the kid who did this is a special needs child. I must pray for him to I found out this moring he had a pshicatric(Sorry spelling) break down from this insident. He is now in the mental hospital for children. So im not blaming the boy. I am blaming the school because these kids should be better monitor. The clinical worker on my sons case said he is going to gather all the information and reports on all the insidents since June. I just feel the school should be responable for my sons injureys. I do have a meeting set up for Oct. 24th in that meeting will be superindent, Chair person for Special eduacation teacher, head person in my sons dorm, pshcyitric, nurse and my husband and my self. I just want to handle this right. But I must tell You I am proud of my Son he told me Mommy I forgive robert for what he did. Just like you taught me to. Im still mad about it.

Okay. I see where you're coming from here. And I have to agree with you. The school is responsible for ensuring safety to both the students and staff. If there are students in the school that cannot handle having sports equipment as such, it is their responsibility to replace them with safer equipment.

While a mental disability is an excuse for this behaviour, it is not an excuse for the schools behaviour. Your child deserves to be safe in school, and if this school cannot provide that, I suggest you look elseware.

However, I would wait until the meeting you have set up with the school to decide whether or not you are going to seek legal assistance. Take your time and really pray about this matter- let the Lord show you what you should do.

sierra

Thanks Sierra you just confirmed what my husband I and our Pastor were talking about. Im keeping William home until the 24th Im going give TLC that only a Mom can give at times like this. And to everyone who has been praying for this situation Thank you from the bottom of my heart.

[LadyRaven]

Heres the situation I don't know if I mention in my Prayer request that william is in a school for those who are mental retarted. So the kid who did this is a special needs child. I must pray for him to I found out this moring he had a pshicatric(Sorry spelling) break down from this insident. He is now in the mental hospital for children. So im not blaming the boy. I am blaming the school because these kids should be better monitor. The clinical worker on my sons case said he is going to gather all the information and reports on all the insidents since June. I just feel the school should be responable for my sons injureys. I do have a meeting set up for Oct. 24th in that meeting will be superindent, Chair person for Special eduacation teacher, head person in my sons dorm, pshcyitric, nurse and my husband and my self. I just want to handle this right. But I must tell You I am proud of my Son he told me Mommy I forgive robert for what he did. Just like you taught me to. Im still mad about it.

Anger is one thing, righteous indignation is another.

Yes, the school was negligent and should be held accountable. I wouldn't take any other action against the child who did the act as apparently his conscience is working overtime. Your son does not need to feel righteous indignation because he has you to stand for him and protect him.

I would keep him out of school until your meeting, though. Things might be too scarey or stressful for him or other kids could present a problem. You have to know it is safe before putting him anywhere again.