Granada, CO Personal Injury Law Firms & Lawyers

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.

Generally, you must file a claim for No Fault benefits within thirty days of the accident unless you have an acceptable excuse. In order to sue for being injured in an car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident. You really need a lawyer to take your case to sue.

I can't answer your question for two reasons. First, you did not give me all of the important facts of your case. How much are your medical bills? How much are your lost wages, if any? Will the injuries affect your ability to work in the future? Will the injuries affect your quality of life in the future, and if so, how? How old are you and what kind of health were you in before the accident. How bad does your doctor(s) say your injury is? Are you the kind of person the jury will like and identify with, or will the jury perceive you as someone trying to get rich off an accident? The second reason is that it is unethical for me to give legal advice to someone who I know is represented by an attorney. By the way, the unanswered questions set out above (and more that I may not know enough to even ask, not knowing your case) are the reason it is unethical for me to give you advice. It is unfair to you and your attorney for me to advise you when I know far less about your case than your attorney. By the way, mediation is a great process, and you have nothing to lose by entering into it. I usually get what I believe to be a fair settlement in mediation.