When an injury occurs at an amusement park, the victim may simply assume this is the risk they take when visiting one of these locations. What many victims don’t realize is that their injury likely could have been avoided, and it is often the actions of park employees that create dangerous conditions in the first place. As medical bills begin to arrive, victims often begin to realize the seriousness of their injury and look for a way to pay all the costs and this is when they should consider taking legal action.
Amusement Park Statute of Limitations
The statute of limitations is applied differently depending on whether the injured person was under or above the age of 18 when the accident occurred.
- Adults – Anyone who is 18 when the injury is sustained generally has two years to file a claim against the amusement park. If they fail to do so within this time-frame they often can’t recover monetary compensation for their injuries.
- Minors – The statute of limitations is far different for minors because they are allowed to file civil charges against the amusement park up to two years after their 18th birthday. This allows the minor to reach the legal age required to file a lawsuit and do so even if their parents or caretakers failed to do so in the past.
There are a number of advantages for those who decide to file their lawsuit shortly after the injury is sustained, and these include:
- Retention of Witnesses – Anyone who saw the injuring accident take place will likely still remember the events clearly and will be able to testify on behalf of the victim. These individuals will also be easier to locate and names and personal information can be gathered so they can be contacted later.
- Preservation of Physical Evidence – Any evidence involved in the case is also easier to locate and secure shortly after an accident occurs. Extended lengths of time can cause evidence to deteriorate to the point where it is no longer admissible in the court room or is of little value to proving the case.
- Extent of the Injury – As time passes, injuries often heal until a point is eventually reached where they’re barely noticeable. Allowing investigators the chance to see the injury while it is still fresh makes the case stronger because it makes the pain and suffering of the victim a reality rather than something that occurred long ago.
You Don’t Need to Go to Court Alone
It’s nearly impossible for a person unfamiliar with the law to effectively defend themselves. It’s much better to hire a professional personal injury attorney to manage your case. Schedule your free case evaluation today by calling 713.766.5400.
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