Every year, amusement park accidents are responsible for thousands of injuries across the country. In fact, according to The United States Consumer Product Safety Commission, in 2017, 43,405 people were injured at amusement park attractions. Some of the most common injuries seen from these types of accidents include:
- Torn ligaments
- Traumatic brain injuries
- Severe fractures
- Spinal cord injuries
- Drowning (at waterparks)
- Slip and falls
Amusement park-related accidents can occur as a result of many things. This could be anything from a failure to maintain the condition of the rides to faulty parts or tripping hazards.
Settling your amusement park settlement
Whether you have a slip and fall, product liability, or premise liability case, there is an important process you must follow to ensure a successful claim.
Seek Medical Treatment
Your first priority is to be seen by a medical professional. Some injuries like TBI or spinal cord damage have symptoms that do not show up right away. Seeing a doctor will ensure you are aware of the damage before it gets worse. Medical attention is also important because if you wait too long, the judge at your court hearing or an insurance adjuster might say your injuries were not severe.
Contact a Lawyer
Working with a personal injury lawyer can help make sure your claim is submitted successfully. Submitting a claim can be challenging and one mishap could result in delayed or minimized payout amounts. Here at Kamper & Estrada, PLLC, we have a team of lawyers with decades of experience who will handle your case for you.
Sending Your Demand Letter
Sometimes you are able to settle a personal injury claim before even having to file a civil lawsuit. A demand letter will be sent from your attorney to the other party's legal team and demand a settlement amount once you reach MMI (Maximum Medical Improvement).
File a Lawsuit
Once your attorney files the civil lawsuit, litigation will begin. Each state has a deadline established for filing both insurance claims and lawsuits.
Discovery and Negotiations
Discovery is when each party reviews the evidence and reviews it with witnesses. This allows attorneys to get enough information to determine whether they have a good chance of winning the case or not. It's common to see two parties negotiating a settlement during this stage of the process. Both parties reaching an agreement can help avoid time-consuming and costly civil litigation.
If nations fail the final step is taking the lawsuit to trial. The trail can last anywhere from a day to several months, depending on how complex your case details are.
If mediation fails to get a resolution to your case, the next step is to take your lawsuit to the trial phase of litigation. A personal injury trial can last anywhere from one day to several months, depending on the complexity of your case. This is where settlement will be determined.
When going through a process like this, you need someone you can trust. Contact our office at Kamper & Estrada, PLLC or visit us online to schedule your free case review with a member of our team. We want to help you.