If my 4 year old fell athamburger chain’splayland and broke her arm, should I take legal action?
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If my 4 year old fell athamburger chain’splayland and broke her arm, should I take legal action?
My (almost 4 year old) daughter fell and broke her arm at a playland yesterday. I didn’t tell the staff when it happened because it was the last thing on my mind at the time. She was trying to get down the steps of the play area and landed right on her arm. Our insurance covered her bills 100% but I’m wondering if we should take legal action anyway. I have a witness who saw the whole event. They also have security cameras in the playland (assuming that they were actually recording).
Asked on November 16, 2011 under Personal Injury, South Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can still file a personal injury claim for your daughter with the hamburger chain's insurance carrier even though your insurance paid the medical bills. When your daughter completes her medical treatment and is released by the doctor, obtain the medical bills and medical reports. The personal injury claim will consist of these 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. Compensation for pain and suffering is an amount in addition to the medical bills. It would have been preferable to have reported the accident to the restaurant when it occurred, but since you have a witness and/or the video surveillance, you can still establish that the injury occurred at the restaurant.
If you are dissatisfied with settlement offers from the restaurant's insurance company, reject the settlement offers and file a lawsuit for negligence against the restaurant. If the case is settled with the insurance company, NO lawsuit is filed. If the case is NOT settled, you will need to file a lawsuit on behalf of your daughter prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter since she is a minor.
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