There are some places where accidents simply aren’t supposed to happen, and one of them is Disney World. With the tagline advertising the theme park as “The Most Magical Place on Earth”, you feel pretty sure accidents aren’t part of the day’s agenda.
Unfortunately, accidents at amusement parks aren’t uncommon. Park visitors can trip and fall or injure themselves on rides.
So, if you’re involved in an accident you need to know how to file a Disney World injury claim—don’t worry, you’re not filing a claim against Mickey, Donald or any of their friends. Your claim is against the park and you need to follow a few basic steps.
Steps for Filing an Accident Claim Against Disney World
You can hold Disney World liable for your injuries if you can prove negligence, and this means showing that the park owners, managers, and staff have a duty to ensure the premises are safe for visitors.
If this duty of care is breached, meaning they fail to ensure a safe environment, you may be able to file a claim for your damages. You also need to prove that the actions of the owner, manager, and/or staff caused the accident and your injuries.
While proving negligence is a key part of your personal injury claim, there are also some steps you should take immediately after the accident. These steps can help support your accident claim and ensure you receive fair compensation.
Report the Accident to Disney World
This should be one of the first things you do after the accident unless your injuries are severe—in this case you want to seek immediate medical attention. You can follow up with the accident report after receiving medical treatment.
Who do you file the accident report with? Don’t worry about locating the appropriate personnel. Disney World ensures they have plenty of staff roaming the grounds ready to assist visitors. A park employee can take your report or put you in contact with the right person.
Disney also takes the time to train their personnel on what to do in the event of an accident. Filing an accident report at Disney World is basically the same as filling out a traffic collision report with the authorities. Even the questions are similar.
Don’t forget to ask Disney World for a copy of the accident report. You’re going to need a copy of the accident report to file a personal injury claim. The report serves as proof the accident occurred. Without it, the insurance company only has your word.
If you can’t get a copy of the report, don’t panic—instead contact a personal injury attorney. Your attorney can file a Motion for Discovery, which compels the at-fault party to turn over the report and any additional evidence.
Visit a Physician
You may not have visible injuries after an accident, but this doesn’t mean you should skip a visit to a healthcare provider. Not all injuries are immediately obvious. Some, like contusions, can take a few days before symptoms start to appear. Internal bleeding is another injury you may not be aware of. If left untreated, the condition can become life-threatening.
A physician can run diagnostic tests to check for unseen injuries. Your visit to the doctor also serves another purpose, you’re documenting your injuries. If you’re planning on claiming compensation from Disney for your accident, you’ll need to provide proof of your injuries.
Collect Evidence and Witness Statements
Okay, collecting evidence doesn’t mean acting out a scene from a crime drama. You’re not trying to collect enough evidence to arrest a suspect. All you’re doing is supporting your accident claim.
Usually, taking a few photos of the accident scene and any visible injuries is more than enough. If your injuries require immediate medical attention, don’t worry. The amusement park will also document the accident. There’s also a good chance your accident is caught on camera. The theme park has a robust security system and it includes cameras covering almost every area of the property.
Don’t expect Disney to hand over the footage, even if you ask nicely. However, your attorney can review the video during the discovery phase.
There’s a good chance there are witnesses to your accident. There’s rarely a time when the park isn’t packed with visitors. If there are witnesses, get their contact information but don’t discuss the accident. Park officials will also interview the witnesses and you don’t want anything you say to be used to reduce the value of your claim.
Don’t Post About Your Accident on Social Media
Remember how it’s a bad idea to discuss accident details with witnesses? This also applies to social media and any other type of public statements. You can talk about the accident for as long as you want after you settle your claim.
Just like your statements to witnesses can be used against you, so can your social media posts. If you give an interview to the press, Disney’s attorneys can also use this to discredit your accident claim.
Pay Attention to the Statute of Limitations
The statute of limitations refers to the amount of time you have to file a personal injury claim. You have two years to file a personal injury claim in Florida. The clock starts ticking on the date of the accident.
While this may seem like more than enough time to file a personal injury claim—it can take a few months to gather evidence and calculate your damages. Waiting until the statute of limitations is almost up, is a mistake. You may forget to include an expense or make an error on the claim form.
The statute of limitations doesn’t stop counting down until the claim is filed. To avoid making any potentially costly mistakes, it’s best to start the claim process as soon as possible.
Don’t Forget to Consult with an Attorney
If you’re injured in an accident at Disney World you’re going to want to contact an attorney. Disney has an experienced legal team and you don’t want to go it alone.
Your attorney can help you calculate your damages, collect evidence, and handle the negotiations. If your case goes to trial, your attorney is ready to file your lawsuit in civil court.
