8th grade son attended friends birthday party. While there, friends brother came home with air soft gun. Kids at party played with gun- my son was shooting towards the ground, away from other kids and pellet ricocheted off walkway and lodged in his eye. His cornea was scratched, and he suffered bleeding behind his retina. Missed 4 months of competitive soccer training, school was impacted by numerous specialists visits, under retina specialists care for one year, lost some peripheral vision (he's a goalkeeper) and still has areas in his eye where blood pooled and has not dissipated. We never allowed air soft/bb/paintball guns in our home. Mandatory one year checkups with eye doctor perpetually.
First, to answer your question, it's not too late to pursue. Florida has a four year statute of limitations period, so you are well within that time frame. This could involve a potential negligent lack of supervision or other cause of action, but requires a lot of follow up questions. I would encourage you to find a personal injury attorney close by (you can look for one on AVVO), and get in for a free consultation. At the consultation, upon hearing more specific facts, the attorney can advise you. Best of luck.
I am sorry to hear about your son's injury. Based upon your description, the statute of limitations would be 4 years from the date of the injury. As far as homeowner coverage, this type of injury is generally covered but it does depend upon the language of the policy and if there are any exclusions. You should contact an attorney who can assist you and your son sort through these issues.
Florida allows four years to make a claim for negligence. Most likely, there will be insurance coverage for negligence, negligent supervision and maybe negligent entrustment of the toy to a child causing injury. There also may be medical payments coverage for injuries if you submit medical bills and medical records within a certain timeframe after the accident by contract. Be careful. Some insurance policies or limit medical payments to submission of records and bills within 12 months. Some insurance policies have no medical payments coverage at all. A letter issued to the homeowner pursuant to Florida Statute 627.4137 requires the insured to provide you an insurance disclosure including grounds to deny coverage.
A competent attorney who practices law within the field should be able to help you in this regard.
Let me know if I can be of assistance.
in florida we have a 4 year statute of limitations for negligence claims. you are well within the statute however i would strongly suggest that you begin this process, it is important to put the homeowners insurance on notice of the claim, they may have a medical payments policy that could defer some of your medical expenses. it is important to protect your sons future, and help him get compensated for his loss
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