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We may have to pay!

Fruits's picture

We met with our attorney yesterday and he said we may have to pay part of the medical bills when ss stabbed that boy. I could just cry and I am so angry! Our attorney didn't say how much but he wants to talk about a settlement to keep our portion low. Dh talked to bm yesterday and she said she wouldn't pay a cent and they need to bring it on. She doesn't care how much she racks up in attorneys fees. I have a bad feeling dh will be the one paying this! Dh is the breadwinner but I do work. I just don't make as much as him and things are tight right now. What do we do?

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DaizyDuke's picture

What kind of medical bills are you talking about? Dr. visits and such or was the kid your SS stabbed in the ICU for weeks or what? I guess either way? I'd fight it. I mean you said the kid he stabbed had been bullying him, it's documented at the school correct? The police did not press charges correct? It was considered self defense correct?

Fruits's picture

ICU. The kid he stabbed was his bully and the police didn't press charges. The attorney said we can use the evidence we have to show th boy instigated it but we will still be found liable for some.

Fruits's picture

No.

SMto2's picture

I'm confused. In your first post on this, you said, "We are being sued by the family but our home owners insurance is handling it."

Snowflake's picture

Sounds like a hard win situation in your case.

Your dh is the one who gave him the knife. He is the one who decided to use it. Sorry, but if I were the other kids parents, I would sue as well. They prob had to take time off work to take care of stabbed kid.

Both kids are at fault, but one became violent.

Fruits's picture

We have saved almost enough for a down payment on a house. I am so afraid dh will use that money as a settlement offer.

Fruits's picture

I can't. It's in dh's name. He had it taken straight out of his account so we wouldn't see it or touch it.

Fruits's picture

What kind of consequences? I'll just be the mean sm since everyone else thinks he is a little hero for showing that boy!

Fruits's picture

It should say our bms home owners insurance is handling it. We don't own a house and when the papers came in she said she would handle it. She has filed a countersuit and her insurance is handling the claim. We saw an attorney just in case. He said that dh may be liable for a portion.

Fruits's picture

My apologizes for not being more clear. Since dh and bm are being sued i said we, our ect. Its not mine and dh's insurance it is bm's.

Fruits's picture

I mistyped. Bm's home owner insurance is handling the claim. We have never owned a home. The bully was on probation for breaking ss's arm. The attorney said that the insurance will protect bm not dh. He said the parents can sue us for our part which is why he wants us to consider settling. We don't have anyone to fight for us and the other attorney knows they can get more from bm's insurance than us.

Fruits's picture

I don't know. I was telling a co worker about this and she alerted me to the fact that the insurance will only protect bm and not dh. That is why we saw an attorney. He just said that since bm is counterfiling and fighting the lawsuit it would be in our best interest to make an offer and end this now.

Fruits's picture

I'm glad that you realized it doesn't but I did not. Dh, bm and I thought since bm's insurance was going to handle it that it would be handled. My co worker alerted me it doesn't work that way and that dh could be sued separately.

Disneyfan's picture

Here we go again with the mean girl crap. :sick:

I find it absolutely hilarious that you referred to Monkeysee as a means girl. You are either an old poster who has mixed up the various posters here. Or a new poster who wants to jump on the call everyonea meanie/bully bandwagon.

There's nothing wrong with pointing out inconsistencies in a story that may cause readers to question the posters motives. Or should spend just pretend that people never come here and make up stories.

Geekeeries's picture

I don't know your financial situation but once this is done with (or if you can afford it sooner) get tenant's insurance right away! It's usually around $30 a month. And it protects your stuff. Your landlord's insurance only covers the building, not your stuff.

But, (I'm not an insurance pro - so I have no clue, just wondering) but I don't think home/tenant's insurance covers intentional harm caused, only accidental. How is her insurance covering it?

Good luck either way...this is a sucky situation Sad

not2sureimsaneanymore's picture

To clarify, the self defense argument is only used to determine whether or not the child would see jail time or be found guilty of attempted manslaughter in the prosecution. It has nothing to do with whether or not he could still get sued. Two different court systems.

In our circle, one guy had defended himself from a homeless man who was attempting to bash his head in with a brick--he punched the guy, guy fell and hit his head on the curb, ruptured an aneurysm and died. He still had to go through a trial to be found not guilty (whether or not he exercised use of appropriate force), had to wait 6 months for an HIV workup because the man was HIV positive and he cut his knuckles on the guy's teeth, AND was then embroiled in a legal battle when the family wanted to sue him.

To me, it may very well be that the SS will lose in the law-suit--mainly you have to look at his odds based on whether there are stand your ground laws in that state, and whether or not the bully was met with appropriate level of force. Knife against empty hand... could be a hard sell.

Sorry you're going through this, but like others said, take a settlement if it's low.