Susan Melony
Sims Park is a familiar sight in New Port Richey. The park’s been around since the early 1900s and recently went through a pretty major restoration.
Boasting walking trails, playgrounds, a splash pad, a lake, and even a kayak launch, Enchantment Park, as the locals call it, is a beloved part of the community. While Sims Park is generally known for its safety, accidents can still occur. This means you may find yourself navigating a Sims Park injury claim.
Pay Attention to Florida’s Statute of Limitations
You can’t take forever to decide if you want to pursue financial compensation after a Sims Park accident. The Sunshine State has a fairly strict statute of limitations on personal injury claims. You typically have two years from the date of the accident to file an injury claim. What happens if you miss the filing deadline? If you wait longer than two years, there’s a good chance you’re not going to be able to recover compensation.
The statute of limitations serves a purpose. The deadline isn’t in place to make you rush through the claim process. Instead, the statute is designed to help accident claims move relatively quickly through the legal process. The deadline also helps ensure evidence in your case is still fresh and isn’t lost. Essentially, the statute of limitations is designed to help make it easier for accident victims to recover compensation.
There are a few exceptions to the filing deadlines. The statute can be paused for minors until they turn 18 or the court appoints a guardian to act on their behalf. The court may also stop the clock if the defendant can’t be reached. For your personal injury claim to move forward, you must be able to serve the defendant with a letter of intent. However, since it’s pretty tough to lose Sims Park and its management board, this shouldn’t be an issue with your accident claim.
Who’s Liable for Your Damages?
Okay, you can’t exactly name Sims Park as a defendant. You’re going to have trouble recovering compensation from the park’s native inhabitants. With that being said, you can hold the park’s operator/manager liable for your injuries.
However, accidents in public places like parks can be complex. You may be dealing with more than one negligent party. The Sunshine State follows what’s known as comparative negligence. This insurance rule allows multiple parties, including you, to share blame for causing the same accident. Some of the other potential liable parties in your personal injury claim can also include:
- Maintenance and/or groundskeepers
- Third-party contractors. For example, a contractor repairing playground equipment or the park’s kayak launch
- Other visitors to the park
Under comparative negligence guidelines, a percentage of fault is assigned to all involved negligent parties. Don’t forget, you can also be liable for your accident and resulting injuries. Don’t worry, this doesn’t mean you’re filing a claim against yourself. However, if you’re partially liable, it’s going to impact any potential settlement. Your settlement amount will be reduced by your assigned percentage of fault.
As long as you’re not assigned more than 50% of the accident blame, you shouldn’t run into any problems filing a personal injury claim.
Key Steps for Recovering Compensation in a Sims Park Accident Claim
The last thing you expect is to be injured at Sims Park, but it can and does happen. Once you get over the shock of your accident, don’t run for the closest exit out of the park. If you want to recover financial compensation, you’re going to need to follow a few essential steps.
Don’t Wait to Report Your Accident
Just because you have two years to file an injury claim doesn’t mean you can or should wait months to report the accident. This is when time is crucial and the statute of limitations basically goes out the window.
You have ten days from the accident date to file an official police report. No, you’re not charging the park with a crime. All you’re doing is establishing the accident occurred and documenting the incident. Without an accident report, it’s going to be tough to prove your damages are the direct result of the incident.
Don’t stop at reporting your accident to the police. You should also plan on notifying Sims Park management. This usually means notifying New Port Richie’s Board of Parks and Recreation. If you’re not sure who to file your accident report with, check with your local ordinances or ask your Florida personal injury attorney.
Medical Attention is Crucial
Some accidents don’t result in any significant visible injuries. You’re back up and walking around the park without only a few sore spots. You think you’re doing just fine, but you should still plan on seeking immediate medical treatment.
You may have soft tissue injuries or even internal bleeding. Waiting until signs and symptoms appear can jeopardize more than your health. You may also be risking your ability to recover compensation for your injuries. The insurance company may balk at paying your claim if you want to seek medical treatment.
During your doctor visits, save every scrap of paper. The insurance company is probably going to ask for more than your medical records. You’re also going to need to provide bills and receipts for every damage listed on your personal injury claim.
Gather Evidence If Possible
Don’t get too excited and think your dreams of becoming a private detective are finally coming true. You’re not solving a crime and you don’t want to get in the way of professional investigators. Yep, there’s a chance the park or the authorities may decide to investigate your accident scene. Stay out of their way, they have a job to do.
You can take pictures of the accident scene and note the location of any surveillance cameras. There are some located throughout Sims Park so there’s a good chance your accident is recorded. Your attorney can subpoena the footage as supporting evidence.
Schedule a Meeting with a Florida Personal Injury Attorney
Recovering compensation in a Sims Park injury claim can be complex. You may be naming more than one liable party or dealing with comparative negligence. Your accident attorney can help you navigate your injury claim and help ensure you can recover fair compensation.
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