Recently, we were fortunate to settle our client's school assault case involving a head injury at a mediation - less than 1 year after suit was filed. Our client, a non-verbal 11 year-old girl, was assaulted by a fellow student in her specialized program, as a result of which she fell backward, hitting her head and sustaining, among other injuries, a subdural hematoma.
Thankfully, within 4 months of the incident, she made a full recovery.
Nevertheless, in light of the NYS Education Department's investigation of the incident, which faulted the school for failing to discharge its responsibilities to the plaintiff, the school's insurer ultimately agreed to settle this matter at a mediation, during the discovery phase of the case.
