What to do if my son was hit in the eye/face with a baseball bat during a neighborhood game?

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What to do if my son was hit in the eye/face with a baseball bat during a neighborhood game?

It was supposedly an accident but my son has permanent vision loss.He has gone in for 2surgeries to reconstruct his cheek/sinus (lower orbital reconstruction) and has seen specialists and the damage to the retina and optic nerve are so severe  they say his vision loss is permanent. It happened on someone else’sproperty and my insurance company feels a third party should pay the bills. What do I do? Should I speak with a personal injury attorney? In Kenton County, KY.

Asked on July 25, 2011 Kentucky

Answers:

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

Answered 10 years ago | Contributor

Sorry to hear about your son's injury.

It would be advisable to speak with a personal injury attorney.

The owner of the property where your son was injured is liable whether your son was a trespasser or guest.  When your son completes his treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means no further improvement is anticipated, obtain the medical bills and medical reports.  File your son's personal injury claim with the property owner's insurance carrier.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's injuries 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.  If you are dissatisfied with settlement offers from the insurance company, file a lawsuit against the owner of the property for negligence.  You will need to be appointed guardian ad litem to sue on your son's behalf because a minor cannot file a lawsuit.  If the case is settled, no lawsuit is filed.  If the case is NOT settled, you will need to file your son's lawsuit prior to the expiration of the applicable statute of limitations or you son will lose his rights forever in the matter.


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