I want to keep the initial post as short as possible. Follow up questions are welcome and appreciated. I need help.
Back in April, our 8 year old son walked into the daycare with a clearly visibly broken arm. The other daycare kids rushed in to tell the employees (My wife being one) that a 16 year old kid intentionally broke our son's arm. (Not only did several kids of all ages claim to witness it, the kid even bragged to another one of the teenagers on the bus.)
We got the police involved, and it was investigated over the course of several weeks. We were assured by the officer that although the other family was trying to stall and shift blame, and that when the kid finally spoke with them he was trying to lie and say my son was on top of him wrestling him in a harassing manner and my sons arm was broken accidently on his own by falling back somehow, everything seemed pretty cut and dry, and the kid would likely be expelled, kicked off the bus, and juvenile court would handle it criminally.
Fast forward to yesterday (Aug 12) my lawyer informs me that not only did the CA decline to charge due to lack of evidence, but the school insurance was unsure if they even needed to grant the claim because the statement given to the police by the bus driver was different than what she had initially given to my wife at the scene of the accident and the statement she gave insurance company themselves.
Why don't we check the bus footage? Well because the camera was down. But don't worry, the school fixed it after the incident so that won't be a problem. The kid still gets to ride the bus because that's his right and they can't take that away from him. Oh and he assaulted another kid at school after his 15 day suspension they gave him for hurting our son, and he is going to be prosecuted for that one.
Back in April, our 8 year old son walked into the daycare with a clearly visibly broken arm. The other daycare kids rushed in to tell the employees (My wife being one) that a 16 year old kid intentionally broke our son's arm. (Not only did several kids of all ages claim to witness it, the kid even bragged to another one of the teenagers on the bus.)
We got the police involved, and it was investigated over the course of several weeks. We were assured by the officer that although the other family was trying to stall and shift blame, and that when the kid finally spoke with them he was trying to lie and say my son was on top of him wrestling him in a harassing manner and my sons arm was broken accidently on his own by falling back somehow, everything seemed pretty cut and dry, and the kid would likely be expelled, kicked off the bus, and juvenile court would handle it criminally.
Fast forward to yesterday (Aug 12) my lawyer informs me that not only did the CA decline to charge due to lack of evidence, but the school insurance was unsure if they even needed to grant the claim because the statement given to the police by the bus driver was different than what she had initially given to my wife at the scene of the accident and the statement she gave insurance company themselves.
Why don't we check the bus footage? Well because the camera was down. But don't worry, the school fixed it after the incident so that won't be a problem. The kid still gets to ride the bus because that's his right and they can't take that away from him. Oh and he assaulted another kid at school after his 15 day suspension they gave him for hurting our son, and he is going to be prosecuted for that one.
