The last thing you expect on a family trip to the park is for one of your family members to get injured. If your loved one is injured in a public place as a result of another person’s wrongful action or negligence, you’ll want to hold the responsible party liable.
Most recreational parks are owned by local government entities who are responsible for any injuries that occur at these places. To get the settlement your loved one deserves, there are different steps that you must take. Here is what you should do if your family member has been injured at a park.
Report the Accident
In every park, there are security officials that patrol the place to ensure safety for all visitors. If your loved one is hurt at the park, you should immediately report the incident to the relevant authorities available. You should not leave the place without reporting the accident since this can hurt their case should they decide to file a compensation claim. If possible, take photos of their injuries and the scene of the accident. It is crucial to get details from the witnesses around and remember to write a short report of everything that you remember about the accident.
Seek Medical Treatment
Make sure that your family member gets immediate medical attention. Some public parks have on-site medical facilities that you can turn to before you head to a doctor or hospital. If you are their legal guardian, you can file a compensation claim on their behalf, but you must prove that their injuries were caused by the park owners’ negligence. You need to get a copy of the medical report; otherwise, it could be difficult to prove liability against the park.
Hire an Injury Lawyer
Personal injury cases that occur in public spaces can be challenging to handle since they may involve many parties. It is vital to enlist the services of a professional lawyer to help you file a public liability claim against the owners of the park. A local personal injury lawyer will be familiar with the laws that apply in your area, so they will help your relative seek justice as per the state regulations. An experienced lawyer can also evaluate your case, identify the liable parties, and provide legal advice concerning the lawsuit process.
Prove Liability
If your loved one is injured in a park, you must prove that the individual or entity responsible for maintaining the place was negligent. Local government agencies have a duty of care to ensure the safety of all public park visitors. If the park owners fail to provide a safe environment, they may be held liable for injuries suffered on the premises. Some elements may vary by state, but in most cases, you must prove the following factors to recover compensation for your loved one.
- Existence of hazards
- The government agency owns a park with unsafe conditions
- The dangerous conditions have caused injuries to your loved one
- The plaintiff did not act negligently
File a Lawsuit
If your attorney believes that you have a solid case, they can help you file a lawsuit against the park. Filing a lawsuit is usually a long process that begins by filing a civil complaint against the park stating that they were irresponsible. You also need to gather all the evidence that you can find to support your case. With the help of your injury lawyer, the case can often be settled before it goes to court.
Alternatively, you can consider the option of arbitration to a lawsuit. In arbitration, a neutral third party will preside over the case to resolve the settlement issue between the plaintiff and the amusement park owners. The advantage of arbitration is that it is flexible, cost-effective, and faster than a lawsuit.
Thee Damages you Can Get
Whether you file a lawsuit or choose arbitration, there are certain types of damages to which you may be entitled. Most government agencies offer economic damages, and they prohibit non-economic and punitive benefits. The court may also order the local government agency to improve the safety of the park. The monetary damages that you can receive mostly cover medical-related expenses to your injuries that include the following:
- Lost wages
- Property damages
- Medical expenses
- Other out-of-pocket expenses related to your loved one’s injuries
If your family member got hurt at the park, they are likely to receive compensation for the damages caused by the accident. However, to recover more, there are various measures that you should take. It is essential to report the accident to the park’s security officers and get medical treatment right away. You or your relative will also need to hire a professional injury lawyer to handle the legal claim so that they can get the compensation they deserve.
