if I have a caseMy son attends a day camp. He suffered 2nd degree burns from the sun due to

failure of the staff to apply sunscreen.

The handbook states that the staff will apply sunscreen to the children during the day. He went to a water park and was out in the sun with no sunscreen applied. He was in the ER with the

burns. He is in terrible pain and has to stay home all week with no shirt and the prescription ointment on. I have notified the day camp and have received many apologies for the incident

and that it was being addressed with the camp councilors. Is there a case here? I am not looking for a payday but my son has suffered days of pain from this. I have lost time at work and it has impacted his days as he cannot do much on top of the suffering.

Asked on June 21, 2016 under Personal Injury, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Prior to filing a lawsuit for negligence against the camp, it may be possible to settle the case with the camp's insurance carrier.
Notify the camp's insurance carrier in writing that you will be filing a personal injury claim on behalf of your son.
When your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in his medical treatment where no further improvement is anticipated, obtain his medical bills and medical reports.  Your son's personal injury claim filed with the camp's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of his injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the camp's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the camp's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the camp on behalf of your son.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled with the camp's insurance carrier, the lawsuit for negligence against the camp must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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