On 4/4/2011 my 19 year old son was riding a go-kart at a small entertainment facility. Another 19 year old’s go-kart got spun around and he decided to go in the wrong direction on the track. He hit my son’s go-kart head on, resulting in a major fractures to his left radius and ulna. He was transported by ambulance to the hospital. Surgery was done, placing a steel plate and screws in both bones to repair his arm.
He failed 2 college classes due to absences because of this injury. I had to use my vacation days from work to make several trips from Jacksonville, FL to Tallahassee, FL for follow up doctors appointments. He could not drive due to the medication he was taking and also due to the cast and sling he had on his arm for 6 weeks.
The end result was several thousand dollars in medical bills after health insurance. My son now has a 4 inch long and 1/2 inch wide scar up his left forearm which resembles the type of scar someone would inflict on themselves attempting to commit suicide. He is very ashamed of the scar.
I sent all the documents to the facility owner and the other boy’s parents requesting payment for the medical costs. This included the facility’s accident form which lists the witnesses present, employees present, police officer present, and the details of the accident. I also sent copies of all medical bills.
The facility’s insurance representative said none of their insurance applied. The insurance company specializes in policies for entertainment facilities according to their website. They have the following limits of liability according to the document they sent me: $1,000,000 in Property Damage and $1,000,000 in Bodily Injury. I got no reply from the boy’s parents.
I have a signed and witnessed form from my son allowing me to be the primary contact regarding this incident. Do I have a valid personal injury claim with the facility? With the boy who caused the accident or his parents? Both? Thank you!
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
You have both, and possibly more. From the facts you present your son has legitimate claims against the following people and entities:
– Management of the entertainment facility
– Owners of the property upon which the go-kart track is located
– Proprietor of the go-kart concession
– The other boy, or if he is a minor, his parents
There are some personal injury cases which can be handled without an attorney. Then there are cases like your son’s. Your son’s case will likely require expert medical testimony. Because of the complexity of the case and the multiple defendants, you really need to seek legal counsel.
Most attorneys won’t charge for an initial office consultation. Take advantage of that opportunity and talk with several attorneys. Once you decide on one place the case in the his or her hands.
You and your son won’t have to pay any money in advance. At the conclusion of the case the legal fees will be 33.3% or 40% of the gross settlement amount minus expenses, depending on whether the case is settled or goes to trial.
Hiring an attorney, regardless of the fees, is the right decision… especially if your intention is to seek justice from all those responsible for your son’s injuries.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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