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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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