$45,000 Settlement For Child Injury At Birthday Party
We were able to get a solid result for Michelle’s daughter recently. They experienced a parents nightmare – broken bone at a birthday party.
The claim was against a local gymnastics place that promotes parties. They had a lot of kids and only one person supervising a balance beam activity. No one spotted her daughter, who fell a relatively small distance but broke her leg. She had surgery and thankfully had a really great recovery.
You’d think the defendant and its insurance company would take care of this little girl. But no – they fought us really hard.
First they tried to get Michelle to sign the waiver the day after the incident to avoid any responsibility. She would not. Remember, waivers can be enforced to obviate liability but only when the insured can come up with a signed waiver. Don’t sign one after an incident.
Then they said they had a witness statement saying they had adequate staff and it was the girl’s fault. We came up with witnesses proving that position a lie.
Lastly, they low balled us and would not pay. So, as usual, we filed suit and pushed the case. We were able to settle shortly after filing. We filed a motion for approval of the settlement and put the entire amount in a structured settlement to help in the future.
I get asked all the time whether a prospective client needs a lawyer in such a cut and dry case. I often explain how a year or two later after a fight that same client really appreciates that they hired me.
Mother Discusses Injury Settlement for Child’s Injury
Here’s a video Michelle was kind enough to do with me talking about her experiences and what she learned in this process. Thanks Michelle.