What to do if I was injured at a gym when a piece of equipment fell on my head?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was injured at a gym when a piece of equipment fell on my head?
After much wrangling, I’ve finally got the insurance company to reimburse my out-of-pocket and lost income. As I was in pain for about 3 weeks, I’ve also asked for $1,000 for pain and suffering. They’ve responded with $120. What leverage do I have to get them to provide a realistic amount for pain and suffering?
Asked on December 21, 2012 under Personal Injury, Massachusetts
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your recourse is to file a lawsuit against the gym for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable gym would have exercised under the same or similar circumstances to prevent foreseeable harm).
Don't sign a settlement agreement until all issues have been resolved or you will lose your right to proceed with the lawsuit.
You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.