Legal Question in Personal Injury in California
I took my 2 year old son (almost 3, in February) to see Santa Claus at the local shopping center @ Blackhawk Plaza in Danville California.
Everything went well... 'Santa Claus' picked him up and carried him up to his sleigh and proceeded to pose for numerous pictures.
As I had my back turned to handle payment, assuming that they would help him down, I hear a 'thud' 'Santa' had just let him go, to jump down off his sleigh all by himself and he had fallen after he jumped down, he fell back and hit his head on the sleigh, requiring 2 stitches. Plaza security took a report and I've been contacted by the owners of the plaza and their insurance to settle the medical bill (though the insurance company has been rather difficult to get hold of)... but my question is this ... should I sue for some sort of negligence? I mean, it's not like me to just jump on the "let's sue" sort of bandwagon... but I really feel that there should have been some help for him to get down over a step that was 3/4 as tall as he is. And if so, what is the general amount that is sought after for such things?
Thank you.
Dustin
3 Answers from Attorneys
Dustin,
There is a reason the insurance carrier and lawyers are pushing a quick settlement. They are people, who unlike yourself have no problem with lawsuits and lawyers, unless their own client is being sued. In this case the insurance carrier is most likely pushing a quick settlement because they know the "legal" value of your case is significantly higher than a fast settlement.
Here you should definately retain counsel. In my experience it can only help. I handle cases all over California, and would be happy to talk with you regarding this matter, and to determine the likelihood of a succesful outcome on your case, which at this point I think is favorable to your family, given the facts you have conveyed.
Given the nature and extent of your son's injuries, and the possible liability caused by Santa Clause (did your son tell Santa that he wanted an injury for Christmas?), it would be best to seek counsel. Please feel free to contact me at your most earliest convenience to set up a free consultation at 1.877.505.INJURY.
It all depends on how badly your son was hurt and what if any residual problems from the injury he has. Generally speaking 2 to 3 times the medical bills would be a reasonable ball park figure as to value. For the medical bills you use the amount billed as opposed to what is the actually paid. The insurance company will probably not offer you that much unless you get an attorney though.
Also you will have to put any settlement into a blocked account until your son is 18 and if the settlement is over $5,000.00 you will need to get court approval.
If you want you can give us a call and we can evaluate your case for free. Check our website out at bellilawfirm.com or call us at (866) 981-1850.
Good luck and hope your son is doing fine and happy New Year!.
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