Daegu School Violence Attorney | Daeryun, Obtaining a Substantial Amount of Damages for Emotional Distress from the Offending Student in a School Violence Case

The detailed circumstances of the school violence that the client's son suffered at the hands of the offender are as follows.

The victim student was studying at a study café until late at night.

The offending student, who had harbored ill feelings toward the victim student, reportedly called the victim student outside the building and inflicted a one-sided assault.

As a result, the victim student sustained external injuries all over his body, including to his forehead, both eyes, jaw, neck, and shoulders.

In response, the client filed a criminal complaint against the offending student for infliction of bodily injury.

However, in addition, in order to claim damages, the client came to Daeryun and requested assistance with a civil lawsuit.

If you have suffered physical, emotional, or financial harm as a result of school violence, then, like the client above, you may bring both a criminal lawsuit and a civil damages lawsuit.

Among these, a 🔗school violence civil lawsuit may be filed on the ground of liability for damages arising from a tort under the Civil Act, on various monetary grounds such as a demand for compensation for emotional harm (damages for emotional distress) and for the medical expenses for the physical harm.

In calculating the amount of damages, the following matters must be considered.

The Civil Act provides that [where the person who has caused damage to another lacks the capacity for responsibility, the person under a statutory duty to supervise him bears the liability for damages] .

Accordingly, where the offending student is a minor, his guardian may be designated as the defendant or as the defendant's statutory agent.

As a result of the offending student's assault, the client's child was diagnosed with retinal concussion and multiple contusions requiring treatment. Moreover, the child was also given a diagnosis indicating that aftereffects could arise in the future as a result of this incident.

Daeryun argued for damages for emotional distress in respect of this.

The client's child is going through a difficult time as a result of this incident, suffering severe pain, emotional stress, trauma, and the like.

Due to avoidance of others and psychological anxiety disorder, the child is unable to adjust to school life and is experiencing considerable difficulty in continuing his studies.

Daeryun argued that damages for emotional distress commensurate with this should be paid, given that the incident caused the child difficulty in forming sound values during adolescence.

In a damages lawsuit that a student victim of school violence may bring, if the offender is a minor, damages for emotional distress may be claimed against the offender's parents.

This is because the parents have a duty of protection and supervision to discipline the minor so that he does not commit a tort and to provide day-to-day guidance and advice, and they may be regarded as having neglected this duty.

If you wish to obtain as much damages for emotional distress as you desire in a damages lawsuit, we recommend working with a 🔗school violence attorney of Daeryun LLC.

We will assist you through the entire process, from the investigation stage to evidence gathering and trial.