Can I sue for medical and loss of wages?

UPDATED: Apr 29, 2019

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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


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

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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