Tore My ACL in Haunted House Accident...
(San Antonio, Texas)
I went to a haunted house on October 23, 2011. I walked through a "vibrating" tunnel and when I got out there was a zombie on the right. I jumped out of the tunnel and the zombie scared me. I felt a pop in my knee and turns out I tore my ACL.
I've been trying to contact the general manager of the haunted house because he personally told me I have to file a claim by calling him, but I haven't gotten through yet. I've been calling and NOTHING. What can I do about this?
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ANSWER for "Tore My ACL in Haunted House Accident...":
Tiffany (San Antonio, Texas):
Prepare a certified letter. It should read something like this:
Dear Ms. ______,
On October 23rd, 2011 I suffered a torn ACL as a result of your employee's actions. As a result I incurred substantial medical bills.
Enclosed are copies of the emergency room bills, the doctors bills, and other related expenses such as my prescription and over the counter medications.
In addition, as a further result of your employee's actions I had to miss ___ days of work. Enclosed you will also find a letter from my employer confirming that amount.
Since the injury I have also suffered severe pain and discomfort.
I have made multiple attempts at contacting you, but all attempts have been futile.
If someone with authority to compensate me for my injuries doesn't contact me within 5 (five) business days of your receipt of this letter, I will consider legal action. (You can only say you will consider legal action if you mean it, otherwise you may get yourself into trouble.)
(Your name, address, telephone number and email address)
If you send the certified letter and don't hear from them within the five business days you will have to sue them in Small Claims Court, or retain a personal injury attorney to file your case in a higher court.
The maximum jurisdictional amount (maximum amount) you can sue for in Texas Small Claims Courts is $10,000 dollars. If you decide to file the case there you will not need an attorney.
Just go to your local Justice of the Peace and request a Small Claims form. In Texas, Small Claims lawsuits are heard by Justices of the Peace (in most counties).
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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