What steps do I need to take for a injury at an amusement park?

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What steps do I need to take for a injury at an amusement park?

My 2 year old daughter slipped off the table bench while eating at the amusement park about4 months ago. The table leg had a metal bolt sticking up from the leg that was incorrectly installed and my daughter’s head hit it. At the time we did not know it had actually pierced her skin on the back of her head. We seeked help right away due to her head bleeding, the park first aid assured us is was just a scrape after examining and bandaged her head before giving us the okay to ride some slow moving rides after waiting 30 minutes. When we arrived home later that night I went to clean the blood out of her hair and noticed the open wound. She was taken to the ER and received a staple to close the head injury. I contacted the amusement park about the incident multiple times, on the third call the safety manager took my information and asked for any medical bills we had to be sent to his work email. We followed through the next month and after their investigation the park agreed to pay the medical bill as long as we signed a liability form in front of a notary public. Before I was able to another medical bill came and the safety manager asked for a copy of the new one as well, that was last month. It raised the amount to in the $1700’s. I haven’t received any contact back in regards of this situation. What are the next steps for me to take?

Asked on October 3, 2018 under Personal Injury, Pennsylvania

Answers:

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

Answered 2 years ago | Contributor

Obtain all the medical bills and medical reports.  Your daughter's claim should include those items and should be filed with the insurance carrier for the amusement park.
Compensation for the medical bills is straight reimbursement.  The medical reports document your daughter's injury and medical treatment, and are 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 amusement park's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the amusement park's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the amusement park.  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, the lawsuit on behalf of your daughter against the amusement park for negligence 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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