Whether it's at school, a park, or in the backyard of a neighbor, when your child suffers an injury on a playground, it can be both emotionally and financially challenging. You will have to pay for doctors' visits and treatments, along with dealing with missed work as you care for your child as they recover. In some cases, recovery can take months or years of treatment or therapy, depending on the severity of the injury. If you need to file a personal injury claim to help offset the financial burden, the following tips can help.
Tip #1: Document the accident
As soon as possible, document all details of the accident. This means listing date, time, weather conditions, and what your child was doing specifically when the accident occurred. If something broke or didn't perform as expected on the playground equipment, which lead to the accident, make sure you write down what this was. Also, collect the names of any witnesses to the accident, just in case you need their help later. If you weren't present for the accident, you will need to get a statement from your child as soon as possible; otherwise, they may forget some key details.
Tip #2: Look for negligence
The next step is to look for negligence and liability. If the playground equipment had no defects and it wasn't being used properly – for example, your child was standing on a swing – then you may not have a case, since the negligence is with you or your child. On the other hand, if your child was standing on the swing at school where it is expected there is a reasonable level of teacher oversight, yet no teacher put an end to the behavior, the school may be negligent for failing to provide adequate care. Other signs of negligence include broken or malfunctioning equipment, or failure to have proper safety equipment installed.
Tip #3: Gather evidence
You may need to gather some evidence to show that negligence occurred. It's important to do this as soon as possible if the negligence involves the equipment, since the owner may have it fixed quickly if an accident has occurred. Take photographs of the broken or malfunctioning equipment from several angles. If safety equipment is missing, such as a barrier or required rubber mat, make sure to document the fact that it is missing.
Tip #4: Contact an attorney immediately
Make sure to contact an attorney like Chinigo Paul F immediately following the accident, even if you don't anticipate pursuing a claim. The reason is that costs can quickly spiral out of control or you may find that your insurance doesn't cover treatment. In this case, your attorney can quickly let you know your options and help you begin pursuing them. There is a time limit, which varies by state, on how long you can wait to pursue a personal injury claim, so having legal advice can ensure you don't miss any important deadlines.
Share1 May 2016
Defective products are produced and sold to consumers all of the time. Unfortunately, some of these defective products cause consumers injuries when they malfunction. So, what can you do if a defective product causes you or someone that you love some kind of injury? This blog will show you how the legal system works to protect consumers from instances such as this. You will find out about personal injury lawsuits and what it takes to file and proceed with a lawsuit to hold the company that manufactured that defective product responsible for the role that they played in the pain that has been experienced.