This will provide a short step by step guide to make sure you protect your rights following an injury in case you need to bring a lawsuit
File an accident report
Seek out someone in charge of the location, and complete an accident/incident report. Get a copy. If you can't,write down the name of the person who took the report. If you can't find anyone in charge,call the police. Do not delay medical treatment to file a report, you can always file the report later.
If there are people who saw the accident, take down their contact information.
Photograph the location where you or your child is injured.
This is important to preserve the condition of the accident site.
Take photos of your child's injury, to preserve what it looks like around the time of the accident.
This will assist in showing how bad the injury was.
Keep a record of all medical treatment your child receives related to the injury.
This will help you in the course of a lawsuit should you file one. You will be required to provide this information to the other side.
Keep a record and receipts of all expenses you incur related to your child's injury.
This will be of help in recouping the expenses you incurred stemming from the injuries.
Be aware of time limitations
Also known as the statute of limitations-this refers to the time you have to start a lawsuit. It is important to know that the clock starts ticking on the day of the accident! The location that your child is injured makes a BIG difference. If your child is injured on government-owned/operated property (county park, town pool, state beach), the law requires you to file a Notice of Claim within ninety days of the injury. The notice must set forth specific information so that officials can make a prompt investigation. Your failure to file this notice on time and with sufficient detail could prevent you from bringing a lawsuit. If your child is injured on private property, a Notice of Claim is not required.
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