Should I file a lawsuit against the nightclub that I broke my ankle at?
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Should I file a lawsuit against the nightclub that I broke my ankle at?
Last week I broke my ankle at a nightclub. The problem is I don’t remember how it happened club was packed and there was a big moshpit I might have been in I believe I got drugged along with many others. I also got kicked out for appearing to be to drunk. I was limping as well, which may
have been another reason they wanted me out. Do I have any chance of winning a negligence case for breaking my ankle on there property even if I can’t remember exactly how I did it? Should I seek legal advice?
Asked on November 21, 2017 under Personal Injury, Minnesota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Prior to filing a lawsuit against the nightclub based on premises liability, it may be possible to settle the case with the nightclub's insurance carrier.
Notify the nightclub's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the nightclub's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are 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 nightclub's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the nightclub's insurance carrier, reject the settlement offers and file a lawsuit against the nightclub based on premises liability.
If the case is NOT settled, your lawsuit against the nightclub must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
It would be advisable to speak with a personal injury attorney.
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