Whoopsie!

Wednesday is the day YOU get to “Ask an Attorney.”  Just leave your question in the comments below, and if your question is selected, it will be answered on an upcoming Wednesday by one of our attorneys at Dean Burnetti Law.

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Keri V. from Lakeland asks, “My parents came for a visit last week from South Carolina.  They’re in their late 50s, and in great shape.  We went to a theme park while they were here.  While we were walking around, Dad tripped on a crack in the cement in the midway area.  He fell and was so embarrassed that he quickly pushed himself up and got back on his feet by the time two employees ran over to us.  They asked if he was alright, and he said he was except for his wrist that had already started swelling.  They escorted us to the First Aid station and gave Dad an ice bag and gave all of us a raincheck ticket to come back again for a complimentary visit.  Mom took a photo of Dad with the medic (which showed his name tag), and I took photos of the crack in the walkway just in case.  Dad started limping after that, but claimed he was fine and just shaken up.  Yesterday, my parents flew back home.  By the time they got off the plane, Dad’s limp was very pronounced and Mom made him an appointment to see his doctor.  This morning, the doctor took x-rays and it turns out that Dad’s wrist has a bad sprain, and his big toe has a fracture which may require surgery!  This is really going to affect his job as a mail carrier.  Is it too late to do anything about this?  Will my parents have to come back to Florida to see an attorney?” 

Hi, Keri.  I’m so sorry about your father’s injuries.  Let me try to address all your questions in order.  In Florida, there is now a two-year statute of limitations on injuries caused by such a fall.  (I wouldn’t recommend waiting until the last minute of that two years, but I just want you to know that time is not working against you.)  As for what can be done about this, this is exactly the type of situation that an experienced personal injury attorney (such as myself) can help your family with.  I would start with a letter of representation which would result in the theme park putting me in touch with their insurance adjuster.  Then, I’d submit a summary of your father’s injuries, the cost of his medical bills, a copy of his medical records, his doctor’s recommendation for surgery, and proof of any wages he may be losing because of his injuries, and then work to negotiate a settlement.  At this point, your parents would not need to come back to Florida, yet, either to hire an attorney or during any pre-litigation phase.  Once a case moves to the litigation phase, it often settles before making it all the way to trial.  If the case moves to litigation, then it’s possible that your parents might have to come back for a deposition and possibly for mediation (unless the opposing side allowed them to appear via Zoom for these activities).  If the case ended up going to trial, they would definitely have to return for the duration of the trial, though the majority of cases settle prior to the need for trial.

  Best wishes!

  ~Dean Burnetti

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    (The information contained herein is for informational purposes only and does not constitute legal advice.)