Legal Question in Personal Injury in Pennsylvania
Diving Board Accident
My 8 yr. old son hit his head on the diving board at my sisters pool. We drove him to the emerg. room. He had a 1 1/2'' gash on his forhead, that was open to
the skull. He had a cat-scan. Everything normal. He was given 3 internal stitches and 5 surface stitches. Should this be turned in to my sisters home owners insurance? If so, what is my son entitled to? Can he receive any pain and suffering benefits? He will have a scar on his forhead after everything is healed. I asked my sister about her turning the accident into her home owners insurance, (which she does have), and she said she doesn't know who her insurance company is. What should I do?
2 Answers from Attorneys
Re: Diving Board Accident
It is not clear to me how the accident happened?
You need more than an injury to collect damages for pain and suffering. There must be negligence. Someone must have made a mistake that caused the injury.
If there was something wrong with diving board that caused your son to be injured or if the board broke while he was jumping on it or if the board was made with unusually slippery material, etc. there may be negligence.
There are numerous other ways that someone could be injured. The key issue is who was responsible for your sons injuries and what could they have done to avoid the injury that your son experienced?
If it is determined that there was negligence it is clear that there are damages. Anytime someone suffers a permanent scar on their face there will be significant damages.
Marc Pachtman, Esq.
Re: Diving Board Accident
First, your sister should know if she has homeowner's insurance. She is not being honest with you. She may think that it will cost her money if her insurance company pays money. This is not true. Second, if there is homeowner's insurance, the policy probably provides for payment of medical expenses, up to a certain maximum, no matter who is at fault. You just need to present medical bills & the ins. co will reimburse you. Third, you need to consult with an attorney to discuss whether or not there is a good claim for your son's scar, pain and suffering.
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