A Disney World injury attorney at our Orlando personal injury law firm can help you get compensation if you've been injured at one of the Disney parks. We've helped people from all over the world get compensation after getting injured at Walt Disney World because of negligence. We have handled all types of theme park accidents and accidents at Disney World, from slip and fall accidents to serious ride accidents.
The insurance companies for the theme parks and amusement parks in Orlando aggressively fight to minimize and deny claims. However, the personal injury lawyers at our law firm know exactly how to sue Disney and successfully resolve amusement park injury cases.
You can call us anytime at (321) LAWSUIT for a free legal consultation with an amusement park accident lawyer at our firm. When you work with us, you pay nothing unless we get money for you. Our law firm handles all types of personal injury and wrongful death lawsuits against major theme parks and amusement parks in Florida.
Steps Involved in a Personal Injury Case Against Disney World
Most personal injury cases against theme parks and amusement parks involve a series of steps that lead to either a settlement or a lawsuit. Ultimately, even if we have to file a lawsuit and litigate the case, it will most likely settle before trial. The typical steps in a Disney personal injury claim are as follows:
Step 1: Put Disney on Notice of the Personal Injury Claim
The first step in a personal injury claim against Disney is to put their claims department on notice. We typically send out the following documents at the beginning stages of the claim:
- A letter of representation to let Disney know we're your attorneys;
- A Florida 627 letter to request Disney's liability insurance coverage information;
- Letter of Preservation or "Spoliation Letter" to ask Disney not to lose or destroy any evidence that is relevant to the claim.
Once we send out these initial documents, we typically receive a response from Disney's claims department within 2-3 weeks.
Step 2: Investigate the Incident and Gather Evidence
The next step in a personal injury case against Disney is to gather all the evidence we can. During this step, we will want to get any photos or videos you have immediately before and after the injury. We will also gather any potential witness information so that we can contact potential witnesses for a statement about what happened.
We will also work with Disney's claims adjusters to get any information they are willing to turn over pre-suit. They are usually willing to provide us with some information pre-suit. However, we often have to file a lawsuit to get certain types of evidence and information, like incident reports.
Disney's claims adjusters will also want to investigate the claim. When they receive our letter of representation, they will typically reach out to us to gather basic information about the incident. They will typically ask when you were at the park, which park you were visiting when you were injured, where you were injured in the park, and whether you reported the incident to staff or management.
Their goal early on is to confirm you were at the park when you say you were and to get enough information to see if they can verify you were injured. They can use the information about when and where you were injured to review video footage, the incident report, and other documents or files that can help them determine what happened.
Step 3: Complete Medical Treatment and Determine Full Extent of Damages
During the investigation and often weeks or months thereafter, you will need to complete your medical treatment. When you settle a personal injury case, the defense will require you to sign a release of claims before they send a settlement check. This release of claims will prevent you from seeking any additional compensation once the case is settled.
Settlements are final. In other words, you cannot come back later and ask for more money if you discover that you have additional or more severe injuries. Accordingly, you should finish your medical treatment prior to settling your case so that you can get the proper amount of compensation for the full extent of your damages.
Step 4: Send a Demand Letter to Disney's Claims Adjusters
Once you finish your medical treatment, we will confirm that we have all of your medical records and bills. Thereafter, we will typically prepare a demand letter, which is a detailed document that outlines our theory of liability and your injuries. We will also include a demand for payment in the demand letter for a specific dollar amount.
When we send the demand letter, the claims adjuster will review our demand letter and medical documents. Thereafter, they will typically respond to the demand letter within 30 days. Disney's claims people will almost certainly respond in one of the following 3 ways:
- Accept the demand amount and settle the case;
- Reject the demand amount and send a counteroffer for a lower amount; or
- Reject the demand outright and provide no counteroffer.
They will almost certainly respond with a counteroffer, and we will negotiate with them. Disney will almost never accept the amount we originally demand or reject the demand without providing a counteroffer.
Step 5: Negotiate a Settlement
During negotiations with Disney's claims adjusters, we may be able to reach a settlement agreement. If Disney provides an offer that properly compensates you for your injuries and you choose to accept the offer, the case is settled. After that, Disney will send a release of claims for us to review and for you to sign. Once we send the signed release back to Disney, they will send a settlement check usually within 20 days.
Step 6: File a Lawsuit and Litigate the case
If the negotiations are unsuccessful and Disney World will not pay a proper amount for your claim, your Disney World injury attorney at our office will file a lawsuit (with your permission). Once we file a lawsuit, Disney will assign a law firm and attorneys to the case, and they will file an answer to the lawsuit. Once Disney's attorneys answer the lawsuit, the litigation phase begins.
Over the following months, the parties will engage in discovery. This includes interrogatories and written discovery, requests for documents and files, and depositions.
At any time during litigation, the parties may be able to reach a settlement and resolve the case. Additionally, the parties may schedule mediation to see if the case can be resolved prior to going to trial in front of a jury. However, sometimes the defense is stubborn and won't pay proper value. In those cases, we can take the case to trial and let a jury decide whether Disney is liable for your injuries and, if so, how much money you are entitled to under the law.
Contact a Disney World injury attorney in Orlando for a Free Legal Consultation
If you have been injured at Disney World, we can help you. We've helped people all over the United States and the world who were injured while visiting Disney World parks, including Magic Kingdom, Epcot, Hollywood Studios, and Animal Kingdom. We know how to successfully pursue a personal injury claim for a Disney World Accident, whether you or your loved one has been injured.
At our law firm, you pay nothing unless we recover money for you. We require no upfront fees or retainer fees. Also, we offer free legal consultations for people who have been injured at Disney World.
Call us anytime at (321) LAWSUIT to schedule a free consultation with a personal injury attorney at Spetsas Buist Accident Injury Lawyers. During this first conversation, we can help you better understand your rights and legal options. We can also help you understand the personal injury claims process.
Check out our Google Reviews to see why people injured at Disney World and other parks in Orlando, Florida choose Spetsas Buist Accident Injury Lawyers.
Frequently Asked Questions for Disney World Injury Attorneys
Can You Help me Sue Disney if I live in another state?
Yes. We have helped people from all over the United States who were injured while visiting Disney World. We primarily handle cases in Central Florida and Orange County, but we help people all over Florida, Georgia, South Carolina, and North Carolina.
Can I bring a personal injury claim if I live in another country?
Yes. We have helped people all over the world bring personal injury claims against Disney World for negligence. It does not matter where you live or where you are from, if you were injured while visiting Disney World in Orlando, Florida, we can help you.
Is it Hard to Successfully Sue Disney World?
Disney World is notorious for aggressively defending injury claims. Often, we need to file a lawsuit against Disney to use the court system to force them to turn over the evidence we need to prove our claim. Disney has skilled attorneys that are paid a lot of money to deny and minimize injury claims. Accordingly, you should have a Disney World injury attorney by your side to protect your rights and get you proper compensation for your injuries.
Does Disney Have Insurance?
Yes, Disney World has a substantial amount of insurance. However, they also have a very skilled team of attorneys who are paid to minimize the amount of money Disney has to pay for personal injury claims. Thus, you should have a Disney attorney in Orlando to help you get proper compensation for your injuries.
How Long Does a Disney Lawsuit Take?
If a case is resolved pre-suit (before a lawsuit is filed), it will typically take between 5 and 9 months to resolve. However, if we have to file a lawsuit and litigate the case, it will usually take more than a year to resolve. Disney uses a variety of law offices and defense attorneys to help them fight claims, and they can delay a case for months with various tactics.
Who is at fault for a Disney World Accident?
Any staff member or person that works for Disney can cause an injury to a guest, whether it's a cast member, maintenance person, or janitor. When a staff member at Disney negligently causes a visitor to suffer an injury, Disney World is typically liable for their actions under the legal theory known as vicarious liability. Contact a Disney World injury attorney at our office to help you understand more about your potential personal injury case.