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If my child is assaulted by another child, does my child have a personal injury case?

The short answer is yes, but there are obstacles to overcome prior to obtaining compensation.

Your child has a claim against the child that caused injury. The claim includes payment for past medical bills, future medical bills, paid and suffering, and punitive damages. The biggest hurdle to overcome is collectability from any settlement or verdict.

Insurance companies typically do not cover injuries caused by intentional acts. If your child is accidentally hurt at a neighbor's pool or on a friend's trampoline, the homeowner has homeowner's insurance that will cover medical bills and other damages. If, however, your child is injured as a result of an assault, insurance will not pay for any damages. As a result, you will be left attempting to collect money against an at-fault child who will likely have no money.

What about the child's parents?

Ohio permits claims against an at-fault child's parents. In certain circumstances, Ohio law makes parents automatically responsible for intentional acts committed by their child and places a statutory cap on the damages the parent is responsible to pay between $10,000 and $15,000. Homeowner policies typically cover the damages owed by parents that fall under these statutory caps.

Parents may also be liable if the acts of their child were a result of negligent supervision. Examples include parents who serve alcohol to their children or allow their children access to dangerous weapons like guns. In each of these examples, homeowner insurance would likely cover your child's personal injury.

Finally, if there are criminal charges against the at-fault child, the courts may sentence that child or his or her parents to make financial restitution to you and your child for medical and other expenses. Likewise, if the at-fault child committed a crime and hurt your child, Victims of Crime might reimburse you for medical and other expenses.

Our law firm has recovered millions of dollars for injured children who suffered injury at no fault of their own as a result of defective products, burn injuries, trampoline accidents, and a variety of other events that were preventable. We offer free consultations.

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Rittgers & Rittgers, Attorneys at Law

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12 East Warren Street
Lebanon, Ohio 45036

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