Fractured foot from broken swing...
My 18 year old son was swinging on a swing located on the grounds of the trailer park in which we live. As the swing was coming forward again, the chain ripped from the thick rubber seat and my son landed on his foot, breaking it in two places. He now has a metal rod in his ankle.
Am I supposed to personally see the Housing Manager or should I allow an attorney to address it? Do we file a lawsuit? If so, against who? Thank you for any direction you can give.
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ANSWER for "Fractured foot from broken swing...":
Kenneth (Fayetteville, NC):
There are some injury claims which can one handled without legal representation. These injuries are often referred to as "soft tissue" and can include strains and sprains to muscles, tendons, and ligaments, minor burns and bruising, whiplash, and other similarly minor injuries.
There are more serious "hard injuries" which always require legal representation from an experienced personal injury attorney. Hard injuries can include fractures, 3rd degree burns, deep gashes requiring multiple stitches, permanent scarring, head trauma, and other similarly serious injuries.
In your son's case, his fracture is a serious enough injury to require expert legal representation. Experienced injury attorneys can avail themselves of a variety of legal tools meant to discover information persons representing themselves could not.
For example, in your son's case an attorney can subpoena the park owners and managers for depositions, issue subpoenas "duces tecum" for the production of documents, discover insurance policy limits, prior claims of negligence, and more. These actions are extremely helpful in pursuing a negligent party for compensation.
Most personal injury attorneys do not charge for initial office consultations. Gather your son's medical records and bills, receipts for out of pocket expenses (such as medications, bandages, etc.), a written letter from your employer verifying your lost wages (if you had to take time off to transport your son to medical appointments, or stay with him at him while he recovered at home), and other similar costs.
After reviewing all the documents and visiting with you and your son, the attorneys will be able to tell you the viability of your son's claim and the probability of success.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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