If your child has been injured while at a theme park, you may be feeling overwhelmed and uncertain about what to do next. The emotional toll of seeing your child hurt is hard to bear, and the process of seeking justice for their injuries may seem like a complicated, confusing maze. At Victory Law Firm, we understand these feelings and want you to know that you don’t have to navigate this process alone. We’re here to provide you with guidance, and more importantly, to help you achieve the best possible outcome for your case.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
Injuries that occur at theme parks can range from minor to serious, and it’s crucial to understand the legal rights that minors have when it comes to pursuing compensation for those injuries. While it might seem complicated, it is important to know that minors are not excluded from filing lawsuits in these situations. Instead, there are specific legal considerations that parents or guardians must keep in mind when taking legal action on behalf of their children.
The Legal Process for Minors Filing Theme Park Injury Lawsuits
When a minor is injured in a theme park accident, they are entitled to pursue a lawsuit, but the process is slightly different compared to adults. One important factor to remember is that minors cannot file a lawsuit on their own. Since they are not legally able to make decisions for themselves in these situations, an adult, usually a parent or guardian, must file the lawsuit on the minor’s behalf. This adult would serve as the “guardian ad litem,” which means they are the person responsible for managing the legal claim in the best interest of the child.
In order to proceed with a lawsuit for a theme park injury, there are several legal steps that need to be followed. First, a complaint must be filed in court. The complaint will detail the nature of the accident and the injuries that the child sustained. This complaint is then served to the defendant, which in the case of a theme park injury, is typically the park itself or its employees.
Once the lawsuit is filed, the court will evaluate whether the theme park or its staff were negligent in a way that led to the child’s injury. Negligence in this case might involve things like improper maintenance of rides, failure to follow safety regulations, or inadequate training of staff. It is important to gather evidence of how the injury occurred and demonstrate that the park’s actions or lack of actions contributed to the harm caused. A child’s injuries can be devastating, and proving negligence is crucial to ensuring that they are fairly compensated for their pain and suffering, medical expenses, and other related costs.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars” - Yari Yes Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful." - Llubikza Kairuz Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him." - Patrick Dollar
What Does it Mean to Sue on Behalf of a Minor?
When parents or guardians take legal action on behalf of their child, they are essentially seeking to recover damages from the responsible party. However, there are unique rules in place for lawsuits involving minors, and it’s important to understand how those work.
One thing to keep in mind is that while parents can file a lawsuit for the injuries of their minor child, they will also need to consider who will handle any settlement funds or awards. In many cases, if a lawsuit results in a financial award for the minor, the court will supervise how the money is distributed. The goal is to protect the child’s interests and ensure that the compensation they receive is used properly. For example, if the settlement amount is substantial, the funds might be placed in a trust until the child reaches adulthood, at which point they can access the funds.
What Are the Challenges in Filing a Lawsuit for a Minor’s Theme Park Injury?
While minors have the right to file lawsuits for theme park injuries, there are certain challenges that can make these cases more difficult to win. First, as mentioned earlier, proving negligence on the part of the theme park or its employees is often challenging. This requires a thorough investigation and the gathering of evidence, such as witness statements, video footage, and expert testimony. Additionally, courts often scrutinize whether the injury was truly caused by the theme park’s actions or whether it resulted from something unrelated to the park’s operations.
Another challenge is the statute of limitations. In Florida, personal injury claims have a specific time limit within which they must be filed. For cases involving minors, however, the statute of limitations is “tolled,” meaning it is paused until the child reaches adulthood. This is designed to give minors more time to file a lawsuit after they turn 18. However, it’s still important to start the legal process as soon as possible to ensure that evidence is preserved and your case remains strong.
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What Types of Injuries Can Minors Suffer at Theme Parks?
Theme park injuries can range from minor scrapes and bruises to serious and life-threatening injuries. Some of the most common injuries that minors suffer at theme parks include broken bones, concussions, whiplash, and even spinal cord injuries. Many of these injuries occur as a result of accidents on rides or attractions, but they can also happen due to unsafe conditions in the park itself, such as slip and fall accidents, improperly maintained walkways, or defective equipment.
No matter what kind of injury your child has sustained, it’s important to seek medical attention immediately. Afterward, documenting the injuries and the circumstances surrounding the accident is essential. This information will be vital in supporting your claim and ensuring that the responsible parties are held accountable for their negligence.
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If your child has been injured at a theme park, Victory Law Firm is here to help. We understand that this is a difficult time for you and your family, and we are committed to guiding you through the legal process. Our team will work tirelessly to gather the necessary evidence, present your case in the most effective way possible, and fight for the compensation your child deserves. We know how important it is to ensure that your child’s medical expenses, pain, and suffering are addressed, and we will do everything in our power to make that happen.
Navigating a legal claim for a minor’s injury can be overwhelming, but you don’t have to face it alone. Our team at Victory Law Firm will provide the support and expertise needed to make the process as smooth and successful as possible. If your child has suffered an injury at a theme park, contact us today for a consultation. We are here to help you take the first steps toward securing justice for your family.