May 29, 2024

From Fun to Frustration: Steps to Take After an Amusement Park Injury

From Fun to Frustration: Steps to Take After an Amusement Park Injury - rollar coaster

Accidents at amusement parks can lead to severe injuries and even fatalities. When such incidents occur, victims and their families may seek compensation for their losses through a settlement process. This process involves multiple steps, including investigation, negotiation, and potential litigation. 

Understanding the settlement process can help victims navigate the complexities and secure the compensation they deserve. In fact, Morgan & Morgan Founder John Morgan became a practicing lawyer after his own brother suffered an injury at an amusement park and was failed by his family’s lawyer. This is why we take these injuries so seriously, so be sure that you’re informed on how to move forward.


First, Take Care of Yourself

The first and foremost priority after an amusement park accident is to seek immediate medical attention. This ensures the well-being of the injured party and provides documentation of the injuries sustained.

Inform park management about the incident and ensure it is officially recorded. Obtain a copy of the incident report, as it will be a crucial piece of evidence.


Then, Call Morgan & Morgan

Morgan & Morgan’s personal injury attorneys who specialize in amusement park accidents can be a guiding light for your case. An experienced attorney can guide you through the legal complexities and help protect your rights. 

They can evaluate your case and assess the details of the accident, the extent of injuries, and the potential liability of the amusement park. They can explain your legal rights and the best course of action to seek compensation.


We Get to Work

Your Morgan & Morgan amusement park accident attorney will conduct a thorough investigation to build a strong case. This may involve:

  • Collecting Evidence: Gathering medical records, accident reports, witness statements, photographs, and video footage of the accident scene.
  • Expert Consultation: Consulting with experts such as engineers, safety inspectors, and medical professionals to understand the cause of the accident and the extent of the injuries.
  • Identifying Liability: Determining who is liable for the accident. This could include the amusement park owner, ride manufacturers, maintenance contractors, or other parties.


We File an Insurance Claim

Morgan & Morgan will inform the amusement park’s insurance company about the accident and your intention to file a claim. Your attorney will submit a detailed claim to the insurer, including evidence and documentation of your injuries and losses.


Next, We Negotiate

Insurance companies often aim to minimize payouts. Your attorney will negotiate on your behalf to secure a fair settlement. This involves:

  • Demand Letter: Sending a demand letter to the insurance company outlining the accident, injuries, medical expenses, lost wages, and other damages, along with the compensation amount being sought.
  • Counteroffers: Engaging in back-and-forth negotiations with the insurer, which may involve multiple counteroffers and discussions.


Then, We Reach a Settlement Agreement

If negotiations are successful, both parties will agree on a settlement amount. A settlement agreement will be drafted, documenting the terms of the settlement, including the compensation amount and any conditions. Morgan & Morgan will review the agreement to ensure it is fair and comprehensive. Once you accept the terms, you will sign the agreement.


Finally, You Get Compensated

After the settlement agreement is signed, the insurance company will process the payment. The compensation typically covers medical expenses, lost wages due to an inability to work, pain and suffering, and other out-of-pocket expenses and losses. This compensation is intended to give you the means necessary to get your life back on track or, at the very least, present a sense of justice to the at-fault party for their negligence or wrongdoing.


If All Else Fails, Litigate

If a fair settlement cannot be reached through negotiation, litigation may be necessary. This involves:

  • Filing a Lawsuit: Your attorney will file a personal injury lawsuit against the responsible parties.
  • Discovery Process: Both sides exchange information and gather additional evidence through depositions, interrogatories, and subpoenas.
  • Trial: The case is presented in court, where a judge or jury will determine the outcome and potential compensation.


What Are the Key Considerations in Amusement Park Accident Settlements?

There are several factors to consider when you’re involved in an amusement park accident settlement. Your attorney at Morgan & Morgan can help identify all important considerations and avoid any common pitfalls.

Statute of Limitations: Each state has a statute of limitations, which is the time limit for filing a personal injury lawsuit. It’s essential to file within this period to preserve your legal rights.

Comparative Negligence: Some states follow comparative negligence laws, where compensation may be reduced based on the plaintiff’s degree of fault in the accident.


Types of Damages: Be aware of the various types of damages you can claim, including economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, loss of enjoyment of life).


Morgan & Morgan Can Fight for a Fair Settlement

The settlement process for amusement park accidents is multifaceted, complicated, and requires careful attention to ensure you get what you need and deserve to move forward with your life. 

Immediate medical attention, thorough documentation, and professional legal assistance are important steps in this process. A Morgan & Morgan personal injury attorney can guide you through the investigation, negotiation, and potential litigation phases, striving to secure the best possible outcome for your case.

At Morgan & Morgan, we are committed to helping victims of amusement park accidents obtain the compensation they deserve. If you or a loved one has been injured in such an incident, contact us to learn more about your legal options. Suffering one or more amusement park injuries can take a significant physical, mental, and emotional toll. Working with a highly skilled personal injury attorney at Morgan & Morgan improves your chances of getting the compensation you deserve.

Hiring one of our experienced attorneys is easy and can provide the guidance and representation you need to pursue justice and recovery.

Get a free case evaluation today to learn more about the settlement process for amusement park accidents.