Stratton, CO Personal Injury Law Firms & Lawyers

Any injuries along with any related claims and damages may only be recovered from the workers compensation carrier. If the injury you sustained was on duty, your children may not file a lawsuit against the employer because any claim by them arises out of the injury that was on duty. They may not file a separate claim for personal injury.

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.

Not enough facts are given to respond to your question. However, if your children's alleged claim is related to or dewrived from your personal work-related claim, only you should proceed under your State's worker's compensation laws to seek legal address.