Do I have a case to sue for medical bills, pain and suffering?

Question Details:

I was a spectator watching a race at a motocross park. I was located behind a fence at one of the corners of the race track. One of the racers was forced into the fence causing a fence pole to hit my face. A trip in an ambulance to the ER, a gash in my face resulting in 20-25 stitches, two knocked out teeth and 2 damaged teeth later. I did sign a waiver request upon entering the park that released them from liability while I was riding. My insurance says they will not pay for my claims since there is third party liability. I didn't want to sue but can't afford to pay the medical bills.

Asked 10/18/2009 under Personal Injury | 1111 View(s) | More Legal Topics

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Personal Injury Law Answers

Robert Johnston / Law Office of Robert J. Johnston Attorney Answered 2 years ago | Contributor This attorney is licensed in South Carolina

Hi. I would like to ask you a few questions and get some information from you. I think you might have a good case and I am not sure that the waiver that you signed is going to protect the park from liability. Those waivers are only so good and do not totally shield a company from liability.

I am extemely experience in Personal Injury and wrongful death cases. My firm is in the Myrtle Beach area and I accept cases state-wide. I would like to talk with you about your case as I obviously think that there might be a very good chance of a great recovery and this is exactly what I do.

You can reach me at:

Office:        843-828-1137

Toll Free     888-789-8100

Email:         LawyerSC@aol.com

Thank you,

Robert Johnston

You have a claim for negligence against the motocross park and against the individual racer who hit the fence causing your injury.  Prior to filing a lawsuit, you should contact the insurance carriers for both the motocross park and the individual racer to try to settle the case with those parties.  If settlement is not possible, then proceed with your lawsuit against the motocross park and racer for negligence.  You should obtain all medical records and medical bills prior to any attempt at settlement of your claim.  Your claim should also include any lost wages due to your injury.

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