QUESTION
My child jumped off a swing at church and broke his wrist, needing pins put in, are we entitled to a settlement?
Asked on Oct 03rd, 2012 on Personal Injury - New York
9 ANSWERS
Ronald A. Steinberg
You are not entitled to anything. Your child MAY be entitled to something. However, it depends on the reason why your child was on the property. If you placed your child into some program, where there was supposed to be a supervisor overseeing the kids, then perhaps there is something. If you paid money for them to watch your child, perhaps there is something. If the child just went out into the playground and got hurt, who knows?
Answered on Oct 07th, 2012 at 9:30 AM
Steven D. Dunnings
No, it is not possible.
Answered on Oct 07th, 2012 at 9:29 AM
To the extent you wish to proceed, your child is entitled to make a claim for pain and suffering damages. When you say "they already paid medical bills" was it through insurance or directly from the church? You can make a demand for some sort of pain and suffering compensation from either, but it has to be handled correctly, i.e. put in the bank in a blocked account until your child turns 18. If they do not settle with you, you would have to sue the Church, even if there is insurance in order to get to the insurance proceeds. If you or another member of your family witnessed the incident, you might be entitled to bring a claim for emotional distress damages as well.
Answered on Oct 07th, 2012 at 9:29 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Only if the Church was negligent and their negligence contributed to the injury. The church is not liable for any accident that happens on its premises, only those cause by the Church's Negligence. There may be codes that require a certain depth of mulch under playground swings to soften the landing when children fall. f such a code exists and was violated, that would be negligence. Look for a code violation.
Answered on Oct 07th, 2012 at 9:27 AM
Doubtful, but you can ask. They may have paid because they are a Church or their insurance had a medical payment provision, which is no fault.
Answered on Oct 07th, 2012 at 9:27 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Why would anybody owe you anything if your child broke his own wrist at play? The medical payments coverage already paid you bills. Med pay s pays regardless of fault. To get other money you would have to prove that the injury was the fault of the church. I am a bit curious: why do you think you would be entitled to anything?
Answered on Oct 07th, 2012 at 9:25 AM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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Unless the church was negligent in some way that contributed to your child's injury, no, you are not entitled to a settlement.
Answered on Oct 07th, 2012 at 9:25 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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If the church was negligent, then your child can sue (or file a claim with the church's insurance company) and should receive pain and suffering as well as the cost of the medical bills. However, since it is your church, you need to consider that relationship before you pursue additional compensation.
Answered on Oct 04th, 2012 at 2:08 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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It depends on what the safety surface was like? And how old he is among other things.
Answered on Oct 04th, 2012 at 2:07 PM