Personal injury due to negligence
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Personal injury due to negligence
My nephew plays city park commission flag football. As a result, of the officials failing to take action against kids that were tackling on the field, my nephew has suffered from a fractured collar bone. This was due to another child grabbing his legs and pulling him to the ground. I spoke with the park director and he explained to me that theyhimself, the officials, and athletic director felt that the 15 yard penalty that the other team received was punishment enough for the action. Now my nephew will not be able to play any activities for the next 6-8 weeks. Is this negligence and pain and suffering? Do I have a reasonable complaint?
Asked on October 9, 2017 under Personal Injury, Mississippi
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Since your nephew was injured in a city park, you should contact the city's claims department and inform them in writing that you will be filing a personal injury claim on behalf of your nephew since he is a minor.
When your nephew completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports. Your nephew's personal injury claim filed with the city should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document his injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the city, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the city, reject the settlement offers and file a lawsuit for negligence against the city. You are correct that the officials/city employees were negligent in not adequately supervising the kids playing football.
Be sure to follow all procedures and don't miss any filing deadlines or the city will deny the claim and you may lose the right to file a lawsuit.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your nephew because he is a minor.
If the case is NOT settled, the lawsuit on behalf of your nephew against the city must be filed prior to the expiration of the applicable statute of limitations or your nephew will lose his rights forever in the matter.
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