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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

Should I take my neighbors son to court?

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Old 09-05-2007, 11:50 AM     #1
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Confused Should I take my neighbors son to court?

Back in April my 14 year old son and his 14 year old friend were in his room watching wrestling. My 10 year old daughter was in her room (I thought asleep). All of a sudden she came stumbling out of my sons room down the hall holding her head screaming she couldn't remember anything. I ran to her and felt her head and my hand was immediately covered in blood. Seeing all this, my son's friend ran out of the house (he lives down the street). My husband ran in and assessed the situation and we rushed to the ER. Thankfully, after an awful, stressful car ride and terrible wait for Catscan results in the ER, it was determined that my daughter had a slight concussion and a nasty gash. She had to see a follow-up doctor for the cut, but seemed fine after a few days of rest.

When the emergency was over and we finally got to ask questions, we found out that my daughter went into her brothers room to see what he and his friend were up to (as most little sisters will do). She was also annoying my son's friend (again as most little sisters will do to their brothers friends). Nothing terrible, he was saying something to her she didn't like, and telling her to get out of the room, and my daughter said she hit him. I'm sure a 10 year old couldn't do much damage to a 14 year old... even so, if she was annoying my son's friend, all he had to do was step out in the hall and tell me. I wasn't even aware she was in there.

Instead he decided to put her in a head lock, and do what they call a "choke slam" as they were watching on T.V., and throw her down on the bed. Apparently one of the times he did this she fell back, and instead of hitting the bed, hit the marble windowsill that was along side of the bed which was against the wall and window.

I didn't call the police or press charges at the time because I was sure it was an accident. I don't think he intended to injure my daughter, but still, a 14 year old boy has no business putting his hands on a 10 year old girl.

I expected his mother (she is divorced and lives wither her boyfriend and has custody of the two children...her husband sees them every other weekend), to call me the next day and at least offer to help with the medical bills. She didn't even call to see how my daughter was! At the time I let it go, just thankful my daughter was alive and alright.

Then the bills started to come. From the ER, the ER doctor, The radiologist, etc. I have a major medical policy with a $5,000 so knew it wouldn't help. I called my insurance agent, and he said to run it through anyway, as if the hospital contracts with the insurance Co., they sometimes offer a reduced rate.

This happened in April, and by the time I got the first bill, and resubmitted it through the insurance company, and got the final bill back, believe it or not, it was July already! And I even called several times to check on the status.

The original bills were over $3,000. Once all was submitted, the final hospital bill came to $611.00. (I did receive other doctor bills later for over $160.00, but didn't have them at the time).

Due to another situation regarding the boy, I no longer let my son play wth him, and didn't speak to his mother any longer.

I decided to send a letter to the mother of the boy. I'm sure she felt that the lapse in time was due to my anger at her for the other situation (nothing at all to do with this), and that I now was asking her for the money for spite. But the reason, as I mentioned was that I just then got the revised bill.

I sent a certified letter so I would have proof of receipt (which I have). The letter was polite, and simply said that if her child accidently broke an expensive vase in my home, I'm sure she'd offer to pay for it...so why won't she offer to pay the hospital bill?

She never responded to the letter or request to pay (I did enclose the bill).

My question is this (so this was so long...), is it worth my $155.00 filing fee and $20 delivery fee and time in court for $800.00? Do I have a chance of winning when it's only his word against both of my children?

Thank you for those that actually took the time to read all of this!
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Old 09-08-2007, 10:10 AM     #2
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Default Re: Should I take my neighbors son to court?

Yes it is--and you will get the court fee back when you win.
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