can i sue for a broken arm at gymnastics
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can i sue for a broken arm at gymnastics
my 6 year old daughter broke her arm at gymnastics had to have surgery done and pins put in her arm can I sue them
Asked on August 18, 2016 under Personal Injury, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If gymnastics was at your daughter's school, you would have a claim against the school district.
If gymnastics was not at a school, but at some other facility, you would have a claim against that facility.
Prior to filing a lawsuit against the school district or the facility where this occurred, it may be possible to settle the case with their insurance carrier. Notify the insurance carrier in writing of your daughter's personal injury claim.
When your daughter completes her 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 her medical treatment where no further improvement is anticipated, obtain her medical bills and medical reports. Her personal injury claim filed with the insurance carrier should include those 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 which is an amount in addition to the medical bills.
If the case is settled with the insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit based on premises liability against the facility/company or school district if it is a school.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled with the insurance carrier, the lawsuit on behalf of your daughter must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.
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