What can I do if my child was severely injured at a church event?

Who owns the facility?

These events are usually insured in order to take place.

I would think the church has some sort of casualty insurance. You may be able to successfully sue the church, the supervising church employee, the aggressive boy and the aggressor's parents (homeowner's policy).

In such an event, the parents will likely be presented with exorbitant amounts of medical costs. Whether there is health insurance available or some form of health insurance through the two entities, i.e. school and or church, these costs and policies will need to be handled in accordance with policy language. Unfortunately, most insurance companies will attempt to deny a number of costs associated with medical treatment, and may or may not base their reasoning of the denial on policy language. Once again, suitable representation will allow the parents to shore up the aggregate difference between denials and proper payment of medical treatment. Again, this will be contingent upon policy language and the appropriate presentment of healthcare bills in accordance with standard operating procedures of each company. The main benefit of the aforementioned would be that the parents would not find themselves in a position, to either pay out-of-pocket or limit the payout of the medical costs and will properly align future recovery associated with those costs. Finally, the parents may not, with the proper handling of costs, be in a position where they are forced into bankruptcy. If the aforementioned is properly handled most of the costs that do come out-of-pocket and any healthcare provider liens, subrogation interest by the insurance company, costs associated with future medical care, including but not limited to neurological, physical therapy, counseling, etc., would likely be recoverable. In relation to the scope of the question, notably, "what course of action should the parents take?" It is my firm belief that provided the fact pattern presented in this case, coupled with the serious nature of the injuries, representation should immediately be sought out. Quite frankly, the presented fact pattern suggests this situation becoming rougher long before it is smooth again. With proper representation the parents can focus on their child's health, welfare, and well-being without having to fight multiple insurance companies that are simply trying to save money. I have found and my own experience in situations as severe as that with parents supporting their injured child, and not dealing with the administrative aftermath, they actually speed the recovery of the injured child, thus mitigating their damages. This article will soon be republished on my website Bodeylaw.com. At some point in time attempts will be made to settle the bodily injury portion of the claim by the tortfeasor's insurance company. This settlement usually incorporates the aforementioned future medical care required. Generally, minors in the state of Washington cannot, due to capacity issues, enter into contracts and or releases. So how would an insurance company/defendant obtain a release for settlement purposes that would be effective and valid? In 1992, the Washington State Supreme Court in Scott By and Through Scott v. Pacific West Mountain Resort stated, "courts often hold that in a post injury setting a parent's signature on a release is ineffective to bar a minors claims against a negligent party. Washington law is in accord. Under Washington law parents may not settle or release a child's claim without prior court approval. Further, in any settlement of a minor's claim, Washington law provides that a guardian ad litem must be appointed (unless independent counsel represents the child) in a hearing held to approve the settlement. See SPR 98.16W; Scott By and Through Scott v. Pacific West Mountain Resort, 119 Wn.2d 484, 494, 834 P.2d 6, 12 (Wash. 1992). Many defendants and insurance companies believe, and this is based on past experience, that there is a monetary threshold for the appointment of a settlement guardian ad litem. My research indicates that this is patently false. I have not been presented with any information statutory and or otherwise, which would be contrary to this assertion. That is not to say that I would not invite such

It sounds like the church set up a dangerous situation and a child was severely injured. Also, the lack of safety equipment available made things even more dangerous. The church can be held liable for the acts of those employees or other people acting on behalf of the church that caused this to occur. Almost all churches have liability insurance to cover this very sort of thing. Also if this happened on church property there probably is a type of insurance called medical payments ("med-pay") coverage that would pay for the medical expenses incurred by the victim's family. Get an experienced personal injury attorney immediately.

The parents should do all that they can to make sure their child gets better, not speak with any liability insurance adjusters or sign any statements and hire a personal injury in the area immediately.

Generally the companies that rent the sumo suits requires supervision. They might find out who the rental company was to see what instructions were given to the church or whoever rented it. If the instructions were not followed, that may help on a claim for liability.n Also, the church and/or the promoters of the event may have obtained a certificate of insurance in order to hold the event. In that event, the carrier should be contacted and a claim made. The church may also have a general liability policy, in which case there is a good chance there is a med-pay provision which allows the carrier to pay medical bills up to the limits of that provision (usually $5000 or $10,000). In any event, the parents should hire a personal injury attorney who can assist in all areas of this claim.

I am very sorry to hear about your son's injuries. You should immediately retain a personal injury attorney to preserve evidence and get witness statements while they are fresh. You should also start a daily activity journal of what you do and what your son does every day since the accident.

The parents should consult a personal injury attorney about making a claim against the church's insurance policy. The church's insurance should cover the medical and rehab expenses, as well as compensate the boy for his pain and suffering. The policy should cover all of these expenses because the kids were inadequately supervised.

The parents should file a claim against the church's and the school's insurance, to see if there is any "medical payments" coverage. Next, the parents should consult an attorney to see if there is any liability for (a) the church, (b) the school, or (c) the boy who tackled the other boy.

A church, school or any group having the custody of children has a responsibility to supervise and provide reasonable safety to them. This would include while participating in activities including what has been described. Failure to provide such safety may result in responsibility of each or all of these groups for the injuries caused to the child. The parents should consult with an attorney as soon as possible so all of the facts of the incident can be discussed and specific advice provided.

First, consult with a lawyer who is familiar with personal injury. I would imagine the church carries liability insurance. In addition, you may try to remember if you signed any liability waivers for your son to participate in that activity, because there are some instances where those waivers can be held enforceable, hence the need to consult with a PI attorney.

Most likely, the church hired some entertainment company. It would seem to me that an event such as that would be an inherently dangerous activity. There need to be safety precautions, such as head protection, adequate padding of the mat and most importantly, supervision. Expert witness opinion is probably called for.

If they wish to take legal action against the church, consult a personal injury attorney. First. Even if liability was clear, which it isn't, the injury is severe enough that it would not be advisable to handle the case on your on. Second, liability would probably be disputed by the church. You would have to show that the event was negligently set up or negligently supervised. Failure to have head gear may very well be negligent because It seems to me that headgear is worn in most amateur wresting contests. It might be appropriate in a case such as this to have an expert in "sports safety" to evaluate the contest and how it was run.

Complicated situation and I may not have enough facts. Folks are hurt when they participate in dangerous activities and sports. Normally the institution or school or church requires releases and consents from parents. Did they here? If what they did or did not do was negligent and there were no releases signed you should be able to sue those you perceive were negligent. I don't know what a "sumo wrestler suit activity" is or means but it sounds dangerous for kids. Sounds like somebody didn't think this one out very well.

My sincere sympathy on the terrible injury suffered by your son. I hope he is recovering quickly. Given the facts that you present, this appears to be a clear case of negligence but more information is needed to determine the responsible party or parties. The church, the school and/or the rental company which provided the sumo wrestling set up may each have a share of liability. Hopefully your son will recover fully, and then you might wish to simply seek reimbursement for the medical bills. But I would caution against setting on that approach until you are certain your son will not suffer any long term consequences. If there is concern that there may be permanent injury to your son, then you should speak to an experienced personal injury who has handled pediatric brain injury cases. These are complicated cases with respect to the medicine, and your case is further complicated by the number of possible responsible parties. Often these cases begin with the question of whether either parent signed a waiver or release prior to your son participating in the activity. If so, you should have your attorney review the document to determine if the waiver will bar your claims. You should keep in mind that in Colorado you have a two year statute of limitations for a personal injury claim, you must file within two years of the accident or lose your right to do so. However, if the school is a public school and you wish to sue it then you must act promptly. To bring a lawsuit against a government entity, such as a public school, You must provide statutory notice of your intent to do so. This is a formal notice with specific required information best prepared by your attorney.

The parents of the injured child should retain a qualified, experienced personal injury attorney (such as myself) ASAP. There are numerous issues to deal with. An attorney can help deal with issues that are bound to arise - such as medical insurance, steering the child to appropriate medical care, and documenting the injury to ensure a fair monetary settlement from the proper parties' insurers.

They should immediately contact an experienced personal injury attorney to further inquire into the precautions and supervision in running the event. Most personal injury attorney, including our firm, offer a free, no obligation initial consultation.