As the weather heats up, summer music festival season will soon be in full swing.
But besides being a great place to check out some music and have a good time, an all-day or multi-day concert is also, unfortunately, a great place to get injured.
If you do find yourself on the wrong end of a music festival mishap this summer, here are five legal tips to keep in mind:
1. Make Note of Who or What Injured You.
If you wait even a few days after the fact to put together a timeline, you may forget important facts, which will make it hard to prove liability in any potential lawsuit. As soon as you can, write down the facts surrounding your injury: what, when, how, who, etc.
2. Figure Out Who Owns the Venue.
Before you decide to pursue a personal injury lawsuit, it's a good idea to figure out who the defendants are going to be. Any injury sustained at a concert will likely include the venue as a defendant. If the venue is on government property, you will need to follow the specific rules for filing an injury claim against the government before you can file a lawsuit.
3. Gather Your Evidence.
The crux of any personal injury case is proving causation. Fortunately, at a concert, not only are there potentially hundreds or even thousands of witnesses, but there will likely be surveillance cameras, or footage shot by fans or concert staff that may help you prove your case.
4. Estimate Your Damages.
There are a number of factors used to calculate damages in a personal injury suit: lost earnings, medical expenses, mental anguish, pain and suffering, the loss of you services and support to a spouse or child. Using a worksheet to estimate your damages can help you or your attorney assess the value of your potential case.
5. In the End, Is Your Case Worth Pursuing?
Despite being frustrating and painful, either mentally or physically, relatively minor injuries may not be sufficient for a personal injury lawsuit. When deciding whether or not you should sue, you should ask yourself three questions:
- Do you have a good case?
- Would you be happy with a settlement or going to mediation if you end up filing a lawsuit?
- Will you be able to collect any form of judgment?
If a concert injury turns your summerfest turns into a bummerfest, an experienced personal injury attorney can help you figure out what kind of case you may have and the best way to proceed.
Editor's Note,May 17, 2016: This post was first published in May 2014. It has since been updated.