What to do about negligence that resulted in an injury?

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What to do about negligence that resulted in an injury?

A fireworks company put on a display at an island. After the company had cleared up and gone, 2 people find a number of firecrackers which were launched that had not exploded. They decided to light one of the rockets and throw it at each other for a “a laugh”. The firework explodes causing serious burns to each of them.

Asked on June 17, 2012 under Personal Injury, Washington

Answers:

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

Answered 9 years ago | Contributor

Each injured person would file a separate personal injury claim with the insurance carrier for the fireworks company when they complete their medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in their medical treatment where no further improvement is anticipated.  Each injured person should obtain their medical bills, medical reports and if applicable, documentation of any wage loss.  Their personal injury claims should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of the injuries 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 for the fireworks company, NO lawsuit is filed.  If an individual is dissatisfied with settlement offers from the insurance carrier for the fireworks company, that individual should reject the settlement offer and file a lawsuit for negligence against the fireworks company.  If the case is NOT settled with the insurance carrier for the fireworks company, the lawsuit for negligence must be filed against the fireworks company prior to the expiration of the applicable statute of limitations or the person will lose his/her rights in the matter forever.

There will be issues in this case regarding assumption of the risk (recognizing and understanding the danger and voluntarily choosing to encounter it).  If WA has comparative negligence both plaintiff and defendant may both be liable for the injuries and the amount of compenation recovered may be reduced proportionately based on the percentage of fault of both plaintiff and defendant.


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