Q: My daughter was injured during a basketball game at the park and rec and required surgery
My daughter was injured at the town park and rec during a basketball game trying to avoid another player. We never signed a release or waiver. An injury report was given that night. We found out that she tore her ACL and required numerous months of physical therapy. I contacted the town's insurance and was told that they will not pay because it was an accident and they are not liable. But they are willing to pay some of her medical bills using med pay? Now I am getting letters from the insurance company requesting the details of what happened. I am not looking to "sue" anyone but hooing to get help from the town to pay copays and deductibles. Do I have a case?
A: There is only a "case" to pursue if there was some kind of negligence on the fault of the park or an individual assuming that government entities can be sued in the State of Connecticut for simple negligence. Typically, a property owner is not liable per se just because an injury or incident took place on the property. There is a form of insurance called "Medical Payment" insurance that does provide coverage for medical bills even if there was not any fault or negligence on the part of the property owner. If you pursue the "Medical Payment" insurance, you are not blaming anybody and do not necessarily need to blame anybody for the incident assuming that the "Medical Payment" insurance as part of the policy at issue provide this kind of coverage. I recommend that you get advice from an attorney in or near the city / county where the incident took place. Good luck.
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