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My son was injured! Prayers and Legal advice.


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Note: if you are an attorney and would be willing to chat via pm, would you please contact me?

 

Update at #69

 

Ds9 was severly injured on a park slide yesterday. This was not your typical accident. It was a large, hard plastic slide with two curves. He started down in the correct position. The first turn started to turn his body over the 2nd turned him completely on to his stomach. Right at that part of the slide 2 segements of slide are attached together. The lower segement was attached slightly higher than the upper section creating a slight shelf. When he flipped over his 2 front teeth caught the little shelf.

 

One tooth was completely ripped out (we never found it), the other was pulled forward and pointed up towards his nose. These are permanent teeth. We went to the hospital ER where they determined he needed a pediatric oral surgeon. We went by ambulance to a Children's Hospital. The dental team was somewhat able to reposition the tooth, but we have to head back in in a couple minutes.

 

We do not know if the tooth can be saved. He is looking at at least on prosthetic tooth, at the least braces, and he cannot have a permanent implant till he's over 18. There is even a chance of future cosmetic surgery. He's in a lot of pain, is very upset about how he looks and worried that he won't be able to finish his soccer season.

 

Please pray for us. We are heading back in to have his splint reworked, as they had a difficult time. Also, I do not really want to get a lawyer, but I am going to need to contact the Parks Dept/County/City about their liability insurance and a long term plan. Again, this was not your normal plaground accident. He left teeth marks in the slide. He shouldn't have been able to do that.

 

Thanks!

Edited by simka2
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The park authority's insurance may be set up to require you to make a claim and possibly file a lawsuit through a lawyer. Consult the park authority, keep meticulous records for your medical costs. Your own insurance company may be able to help, since it would reduce their cost. And also contact a personal injury attorney. Ask around about local attorneys.

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I'd suggest going and taking pictures of the slide right away this morning, before contacting the parks department. In the event that you do decide to file any claims, you would at least have proof that the slide was in need of repair.

 

Of course, right after that I'd be calling so no one else is hurt.

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How scary! I know exactly what you're talking about - slides have rolled DD too, but never like that and never have they had a "lip" like you describe. I second getting out there and getting pictures asap - it will help your case with the insurance companies and the parks department.

 

:grouphug:

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I'm so sorry that this happened to your son. How awful.:grouphug:

 

I am an attorney, but a corporate one so completely useless in this situation. However as a general matter, I would do the following:

 

-make sure that you have lots of pictures of the slide;

- if anyone else was there and witnessed it, have them write a fact based statement of what they witnessed (what was going on at the slide, your son's condition, the condition of the slide). I'd stress fact-based (not emotional) and as detailed as possible. Have them sign and date it. I would have them do this ASAP so details are fresh.

-other than informing the Parks Dept of the hazardous condition (in a very factual, nonemotional way) I would be very leary to talk to them, their reps or their insurance company without first talking to a lawyer. I would be leary of explaining to them what you *think* happened (the turning/flipping, etc). Not because you'd be wrong in your assumption, just that I wouldn't go there without speaking to a lawyer first. Just the facts (description of the slide, injured your son so severely that he had to be taken by ambulance to the hospital where he remained for xx hours). Even the most mundane statement could be taken the wrong way and/or twisted by someone.

-if you know anyone who is a lawyer, even if not personal injury, ask them for a recommendation. I worked at a huge law firm and we got firm wide emails almost daily from other attorneys looking for recs for friends/clients for personal injury, accidents, speeding tickets, divorce etc.

 

Again,:grouphug: to you and your son.

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Dear God, Simka, your post gave me chills. I'll be praying for you all. :grouphug:

 

 

My cousins finger got ripped off on a jungle gym when she was a teen because of a bolt being where it shouldn't have been. Her ring got caught on the bolt, and as she let go, it tore her finger off.

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I'm so sorry about your son. I don't have any legal advice, but hopefully this will make your son feel better. I had a friend in high school that was in a horrible car accident with a big gas truck (luckily it was empty). One of his many injuries was that 4 of his teeth were knocked out (the top middle). He was 16, so he also could not get permanent teeth. They gave him a retainer that had fake teeth on it, and when he was wearing it you would never have known they weren't real. That was over 10 years ago, so maybe now they have something even better. :grouphug:

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How scary! I know exactly what you're talking about - slides have rolled DD too, but never like that and never have they had a "lip" like you describe. I second getting out there and getting pictures asap - it will help your case with the insurance companies and the parks department.

 

:grouphug:

:grouphug:

I'm so sorry.

 

Yes, get photos of the condition of the slide before contacting the parks dept. You don't want to give them time to make repairs before you can record it's current condition.

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You definitely want photos taken TODAY- turn on the date feature so it shows right on the photos when they were taken. If the parks department fixes the slide right away or even removes it, you want proof of its condition for your insurance.

 

So sorry about your ds.

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