What to do if my daughter was hurt during a Tae Kwon Do demonstration 1 1/2 years ago?

UPDATED: Mar 12, 2013

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What to do if my daughter was hurt during a Tae Kwon Do demonstration 1 1/2 years ago?

She received a concussion, seemed to have recovered but had a relapse and now suffers from post concussion syndrome. She started going to the doctor 4 months ago and is improving but my retired employee insurance company is dragging their feet on paying the doctor $900 each visits. I am now receiving a letter asking about where the accident happened and question’s about the third party. I’m concerned with the direction of these questions and if I should answer them. Can you assist me in how I should handle this?

Asked on March 12, 2013 under Insurance Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You  need to hire an attorney to help  you, and should do so before answering any question, since any answers of yours will be admissions that could be sued against you in lawsuit.

As a general principal, you need to be aware that it may be difficult for your daughter or you (if she is a minor and you are taking action on her behalf) to prevail in a case like the one you describe, if you should seek to bring a legal action to recover money from the TKD school or another student/competitor. When someone engages in a sport like TKD, they are deemed to have "assumed the risk" of the normal and relatively commonplace injuries--and concussions are not uncommon in striking-oriented martial arts, like TKD. If someone does assume the risk of injuries commons to a sport, they generally find it difficult, if not impossible, to recover compensation in a lawsuit.

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.

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