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Juggling Show Accident, Being Sued, Insurance is Not Covering me Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by gypsyboondock, Dec 16, 2014.

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  1. gypsyboondock

    gypsyboondock Law Topic Starter New Member

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    My question involves an injury that occurred in the state of: California

    I’m a juggler, I recently had Knee surgery 7 weeks before the date of the incident Stepping out on stage with the assistances of crutches and a stool on april 13 at the Santa fe dam recreation in Irwindale CA.

    It was a small crowd I was on an elevated stage I asked the audience if they wanted to move in closer on their hay bail benches. I pick up a stack of 3 metal shaker cups used for juggling, the cups would be thrown in stacks through the air and they would separate and fall back into each other. I made my first throw and the cup did not fall back into itself it clipped the rim of the other cup and bounced off the stage once and into the audience and hit a 6yr old kid in the forehead in the front row causing a little blood.

    fortunately there was already a fair office official in the crowd with a radio calling for first aid assistance and a first aid golf cart took the kid and his family to first aid.

    I was under the suspicion that Family assured me everything would be ok. After they left I finished the show as quickly as I could and raced to the First aid tent to see they were already on their way to the hospital to get stitches.

    It was not until mid October 9th 2014 I was contacted by my employer about providing my insurance info for the incident that happened on April 13 2014.

    After reviewing my claim my insurance company is choosing to not cover this incident because I didn’t call it in within 72 hr of it happening which is stated in the contract I signed when I first purchased the insurance back in July.

    Ive called their attorney's secretary to keep me informed. Which they have not. From what they told me from the first call that the kid is still under doctors care 7 months after the incident for a few stitches.

    I hear from my employer they are contacting the LA parks department for coverage. They told me that since my insurance is not covering it they are going after the state and the state will go after me once they get what they want. Then they told me that I shouldn't even be trying to contact the attorney.

    I live on the road in a van and am usually moving from state to state every 3-9 weeks 10 months out of the year, Im getting mail forwarded to me every other month or so when I have time to stay in one location to receive it. If I have received a letter of demand I would not know immediately.

    What do I do from here? how much can they come after me for? do I look for a lawyer even if I don't have a letter of demand yet? What kind of lawyer should I get that could best defend my case? I just got the fathers contact info should I call him and plea to drop this suit?

    Ive never been in this situation and could use any advice you may have. thank you for your time.
     
  2. army judge

    army judge Super Moderator

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    You can try to do a couple of things.
    First of all, you can forward your mail to a PO Box (offered by the USPS only) or Post Office Drop Facility (there are many companies offering this type of service).
    If you're already doing that, simply give the key or access to a trusted relative, friend, or legal representative.
    If you have one of the aforementioned services, allow a friend or trusted associate to retrieve your mail for you.

    Once the TRUSTED person has obtained yoru mail, let them review the daily mail received.
    You an decide if the person sends you a copy of the letter or correspondence via email, text message attachment, email, etc...
    That way you will be kept up to date regularly with mail related to this matter.

    It might behoove you to retain an attorney, just in case you are eventually sued.
    You could then have all correspondence directed to the attention of the attorney you retain.
    As this happened in CA, an attorney near the incident location would be the wisest choice.
    A retainer should run you around $500 to $1,000, with cost adjustments IF the matter escalates.
    Discuss all costs with the attorney you select.
     
  3. Betty3

    Betty3 Super Moderator

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    I would get an attorney & let them know what happened & then keep the attorney informed of any further action taken by other parties involved.
     
  4. ElleMD

    ElleMD Well-Known Member

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    If you hit the kid in the head in April but didn't obtain insurance until July, that policy isn't going to cover. You personally could be on the hook, especially if you should have tested the materials first or not encouraged the audience to move to where they were within range to get injured.
     
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  5. disagreeable

    disagreeable Well-Known Member

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    Follow the advice I gave you on the other forum.
     

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