BSD – “Why is it different then a car accident?”
I posted above the difference:
“Also, this not the same as a car accident, where most people want you to take it to their insurance. They don’t want to go to a Din Torah because when they lose they have to shell it out now with cash. They would rather you file a claim with their insurance because even though their premiums will go up -they can pay it off little by little as opposed to a Din Torah.”
In other words you’re doing them a favor by going to their insurance, instead of Bais Din. I don’t know how you could win in Bais Din right now. Even (which I doubt) if a Bais Din said the 9 y.o is a Bor Breshus Harabim and they would be Muchuyav to pay for his Hezek (damage), why would they have to pay for possible future Hezek (because you’re worried it might scar)?
I doubt any of the posters here know you, so don’t take anything personal. I’ve been in the medical field many years and I’ve closed up many facial wounds. If done by a competent professional, they almost never scar.
I think you are very much overreacting. When the stitches are removed – put on the silicone patches and use a cream that has all the herbs and vitamins packed into one. Wait six months or less, and 99 out of 100, the scar won’t be there. If it happens to be the one time, then you can seek either a Bais Din or a legal venue for compensation. I know when something like this happens, you think you’re the only one, but in reality this happens everyday.