A Universal Studios injury attorney at our Orlando personal injury law firm can help you get compensation for things like medical bills, missed work, and pain and suffering. We have filed numerous claims and lawsuits against Universal Studios for a variety of different types of injuries and accidents, including roller coaster accidents, slip and fall accidents, trip and fall accidents, and other premises liability claims.
Several of our cases involving roller coaster accidents have been featured on local and national news. However, roller coaster accident cases are relatively rare compared to other types of amusement park accidents that can occur at Universal Studios, Universal Orlando Resort, Epic Universe, or Universal's Volcano Bay.
If you've been injured at Universal Studios or a park like Universal Studios, we can help you. We've helped people all over the United States and the world pursue personal injury claims against the major parks in Orlando. We offer free legal consultations, and when you work with us, you don't pay us anything unless we get money for you.
You can call us anytime at (321) LAWSUIT for a free consultation. We will make sure you get to talk with an Orlando theme park lawyer that can help you understand your legal rights and the process moving forward.
Steps to Pursuing an Injury Claim Against Universal Studios
The steps to pursuing an injury claim against Universal Studios are similar to pursuing most other types of personal injury claims. The goal is to present Universal's adjusters and defense attorneys with an undeniable case of negligence so the decision-makers determine that the only option is to pay the injured person a proper amount of money for their injuries. If Universal ultimately decides not to pay a proper amount for the claim, we will typically file a lawsuit and engage in discovery to gather evidence to further convince Universal to pay the claim.
If Universal still refuses to pay a proper amount of money after we've conducted discovery and gathered all the relevant evidence, the case will proceed toward trial. At trial, a jury will determine whether Universal was liable and if so, how much Universal should pay for the damages suffered. Below are the typical steps in a personal injury claim against Universal.
Step 1: Put Universal on Notice of the Claim
The first step is to put Universal on notice of the personal injury claim. We typically send out an initial packet of documents that includes the following:
- Letter of representation that lets Universal know that we're representing you;
- Florida Statute 627 letter asking Universal for information regarding applicable insurance coverage; and
- A spoliation letter that asks Universal not to lose or destroy evidence that could be relevant to the claim.
After we send out this information, the people at Universal's claims department will typically reach out to us within a few weeks to engage in a discussion and exchange documents and information with us.
Step 2: Investigation
The next step is to perform an investigation to gather the evidence available. During this phase of the claim, we can gather evidence you may have, like photos and videos of the accident scene or contact information for potential witnesses.
After Universal receives our letter of representation, a claims adjuster will also perform an initial investigation. Typically, the claims adjuster will ask for basic information like what day you were injured, what time you were injured, what rides you rode, and other information they can use to confirm you visited the park on the day of the incident resulting in injuries.
We will work with them to gather information relevant to the incident, like the name of ride operators, maintenance logs, surveillance or video footage, and other types of evidence that could be relevant to your injury case.
Sometimes, Universal will turn over evidence like video footage or surveillance footage of the incident. However, they typically will not provide us with some relevant types of evidence, like incident reports, until we file a lawsuit and force them to with the rules of discovery.
Step 3: Medical Treatment and MMI
During the investigation phase of the case, you'll continue treating with your medical providers. The goal is to wait to negotiate a settlement until you reach maximum medical improvement or "MMI." The reason we typically wait until you reach MMI is because you don't get two bites at the apple. Once you settle a case, you'll have to sign a release of claims for Universal that releases them from any future claims regarding the incident at issue.
Once you sign a release of claims, you don't get to ask for more money weeks, months, or years later. Accordingly, it's important that the settlement compensates you for the full extent of your injuries.
Step 4: Demand Letter
Once you reach MMI and once we have gathered your medical records and bills, we will work to negotiate a settlement. We will typically send Universal a demand letter, which is a multi-page document that outlines our theory of liability, your injuries, and the damages you suffered. Our demand letter will also include a demand for a specific amount of money.
Once we send the demand letter, Universal will typically have 30 days to respond. They will respond in one of three ways:
- Accept the demand and agree to pay the amount of money we requested;
- Reject the demand and send us a counteroffer for a lower amount of money; or
- Reject the demand outright and refuse to engage in negotiations.
In our experience handling many of these claims, Universal will almost always respond with a counteroffer. Rarely will Universal accept or reject a demand outright.
Step 5: Negotiate a Settlement or File a Lawsuit
Once Universal's claims adjusters have evaluated the claim, we will either negotiate a settlement with them, or we will file a lawsuit if we can't reach an appropriate settlement.
If the case is settled, Universal will send a release of claims within 20 or 30 days for you to sign. When we receive the release, we will review it to confirm it encompasses the agreement we reached. Then, we will send the release to you for you to review and sign. After you sign the release and return it to us, we will send it to Universal's claims adjusters, and they will typically mail a settlement check within 20 days.
If the case doesn't settle, we will almost certainly need to file a lawsuit against Universal. Once we file the lawsuit, we will serve the lawsuit on Universal and begin the litigation process. Universal will file an answer to the lawsuit, and we will begin the discovery phase of the lawsuit.
At any time during the lawsuit, we could reach a settlement with Universal. In other words, if we file a lawsuit, that does not mean the case will go to trial in front of a jury. In fact, only a fraction of cases go to trial. Cases will almost always settle prior to trial. However, if Universal refuses to pay proper value, trial is the only remaining option.
Contact a Personal Injury Attorney at Our Orlando Law Firm
If you suffered an amusement park injury at Universal Studios Florida, contact us at (321) LAWSUIT for a free consultation with a Universal Studios injury attorney at Spetsas Buist Accident Injury Lawyers. We've handled all types of cases, from fall accidents to major injuries from roller coaster accidents. We know how to handle these types of claims, and we've recovered millions for our clients in Orlando and all over the world.
You can check out our Google Reviews to see why people who are injured at amusement parks or theme parks in Orlando choose Spetsas Buist.
Frequently Asked Questions for a Universal Studios Injury Attorney
What Should I Do After Suffering an Injury at Universal Studios?
People who have suffered accidents and injuries at major parks like Universal should always take pictures and videos of everything at the scene of the incident, if possible. Additionally, it's critical to report the incident to park staff and management so that someone creates an incident report. The incident report proves that the incident occurred, where and when the incident occurred, and who was involved. This information can be extremely valuable in a personal injury claim.
I'm not from Florida, can I still pursue a claim against Universal for injuries?
Yes. It doesn't matter where you're from, you can pursue a claim for negligence and damages against Universal Studios in Orlando, Florida. We have helped people from all over the country who live in all different states. If you were injured at Universal Studios and those injuries were caused because of the park's negligence or staff's negligence, you have the right to pursue a personal injury case.
Can I Pursue a Personal Injury Claim against Universal if I live outside of the United States?
Yes. Regardless of where you live, you can pursue a claim for negligence against Universal Studios and seek compensation for your injuries. We have helped people from Central America, South America, Europe, Asia, and all over the world. Thus, it doesn't matter where you live, you can still pursue a personal injury claim if you were negligently injured at Universal Studios.
Does Universal Studios have insurance?
Universal Studios is self-insured, which means that Universal pays injury claims out of pocket. Since an insurance company isn't paying the bill, Universal tends to aggressively fight claims to minimize payout. However, Universal has skilled adjusters and attorneys that will often pay claims that are legitimate and properly presented.
Can You Bring a Claim Against Universal for Injuries?
Yes. You can bring an injury claim against Universal. People are often worried that they're precluded from seeking compensation because of liability waivers and other things. However, waivers don't necessarily preclude liability when the park or its staff negligently cause a visitor to suffer an injury.
How Do People Typically Get Injured at Universal?
Often, injury claims against Universal are premises liability claims. These cases typically involve a condition that causes someone to trip and fall or a substance on the ground that causes someone to slip and fall. However, ride accidents are not uncommon, and we've seen people injured on many of the rides, like Stardust Racers, Hollywood Rip Ride Rockit, and the E.T. Adventure Ride. Injuries vary from ankle, knee, and wrist injuries to traumatic brain injury or death.
How Long Does it Take to Resolve an Injury Claim with Universal?
If we can reach a pre-suit settlement with Universal, the claim will typically resolve within 4-9 months, depending on how long your medical treatment lasts. However, when we file a lawsuit and litigate a case, it can take a year or more to resolve.