Question about how to proceed
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Question about how to proceed
I was at a museum and decided to try out a manipulative area. In this area, there were several things you could do, including walk a tight rope about half a foot off of the ground. At the time, I never thought of any reason not to try it, as I was having fun at the museum and decidedly wanted to try out the exhibit. As I did it, I lost my balance, my feet carried me about 15 feet and I hit my head on a wall very hard. After the incident, I ended up having to go to the ER twice. I also missed 4.5 days of work and have been suffering with dizziness, nausea, and headaches since March 10th it is now the 28th and I was approached by their insurance adjustor today and was asked.
Asked on March 29, 2017 under Personal Injury, Maryland
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It would be premature to settle the case at this time because you haven't completed your medical treatment, may have additional wage loss and don't have your final medical report(s) Once you settle the case, you can't go back to the insurance company and ask for additional compensation for further medical treatment.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the museum's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the museum's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the museum's insurance carrier, reject the settlement offers and file a lawsuit based on premises liability against the museum.
If the case is NOT settled, your lawsuit against the museum must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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