If my 4 year old fell athamburger chain’splayland and broke her arm, should I take legal action?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my 4 year old fell athamburger chain’splayland and broke her arm, should I take legal action?

My (almost 4 year old) daughter fell and broke her arm at a playland yesterday. I didn’t tell the staff when it happened because it was the last thing on my mind at the time. She was trying to get down the steps of the play area and landed right on her arm. Our insurance covered her bills 100% but I’m wondering if we should take legal action anyway. I have a witness who saw the whole event. They also have security cameras in the playland (assuming that they were actually recording).

Asked on November 16, 2011 under Personal Injury, South Carolina

Answers:

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

Answered 9 years ago | Contributor

You can still file a personal injury claim for your daughter with the hamburger chain's insurance carrier even though your insurance paid the medical bills.  When your daughter completes her medical treatment and is released by the doctor, obtain the medical bills and medical reports.  The personal injury claim will consist of these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your daughter's injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  It would have been preferable to have reported the accident to the restaurant when it occurred, but since you have a witness and/or the video surveillance, you can still establish that the injury occurred at the restaurant.

If you are dissatisfied with settlement offers from the restaurant's insurance company, reject the settlement offers and file a lawsuit for negligence against the restaurant.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled, you will need to file a lawsuit on behalf of your daughter prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter since she is a minor. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption