Can I sue for medical and loss of wages?
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Can I sue for medical and loss of wages?
My daughter smashed her hand on amusement park ride. She slipped when getting on when she tried
getting up the door on ride smashed her hand. The manager called and said that they would cover her medical expenses.
Asked on April 29, 2019 under Personal Injury, New Mexico
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports and documentation of wage loss.
Her claim filed with the amusement park's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.
The medical reports document her injury and treatment, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
Compensation for wage loss is straight reimbursement.
If the case is settled with the amusement park's insurance carrier, NO lawsuit is followed.
If your daughter is not a minor and is dissatisfied with the settlement offers, she should reject them and file a lawsuit against the amusement park based on premises liability.
If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf because minor can't file a lawsuit herself.
If the case is NOT settled, her lawsuit must be filed prior to the expiration of the applicable statute of limitations, or she will lose her rights in the matter forever.
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