If my son needed to visit emergency room after some debris from county sponsor fireworks landed in his eye, is the county liable for emergency room fees?
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If my son needed to visit emergency room after some debris from county sponsor fireworks landed in his eye, is the county liable for emergency room fees?
I received a bill for $600. He was seen at their first aid tent but they could not flush out, as particle had burned into eye.
Asked on September 4, 2012 under Personal Injury, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The County and the fireworks company that put on the show are both liable for your son's injury. When your son completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports. Your son's personal injury claim consisting of the medical bills and medical reports should be submitted to the County, which should have an office or department for handling personal injury claims, and to the insurance carrier for the fireworks company. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your son's injury 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 both the County and the insurance carrier for the fireworks company, NO lawsuit is filed. If the case is settled with one defendant, but not both, only name the party with whom the case has not settled as a defendant in your son's lawsuit. If the case is NOT settled with either defendant, name both the County and and the fireworks company as defendants in your son's lawsuit for negligence.
If you are dissatisfied with settlement offers, reject the settlement offers and file a lawsuit on your son's behalf for negligence. If your son is a minor, you will need to be appointed guardian ad litem to file a lawsuit on his behalf because a minor cannot file a lawsuit.
If the case is NOT settled, your son's lawsuit must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
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