Fractured Foot in Taekwondo Class...

by Robert
(Chapin, SC)

I was taking a Taekwondo class and doing simple jumping side kicks. I did not know that the owner and instructor did not properly install martial art pads. I did my kick and when I landed on my left foot the pads pulled apart and my heal hit the concrete substrate floor.

I sustained a fractured and partially shattered calcaneus bone. It has been a long recovery of seven months and I still have no money. I lost everything and need a resolution to my ongoing problem. I want to know how much longer it's going to take to get my settlement money? Thanks for any information you can give.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Fractured Foot in Taekwondo Class...":

Robert (Chapin, SC):

If you are represented by an attorney you should seek his or her advice for the answer to your questions. Because you didn't mention that you are in fact represented by counsel, we'll attempt to give you some generally applicable information...

In almost all personal injury cases negotiations don't begin until the victim is fully healed. If you are still treating then you will have to wait until you stop treating.

Once you stop treating and negotiations commence it can take anywhere from a month to a year or more. It all depends on the insurance adjuster's access to evidence she needs to evaluate your claim. That evidence includes, but is not limited to, medical records, medical bills, chiropractic narratives and bills, lost wage verification, etc.

Once the adjuster has all the evidence related to your claim it will be a matter of how busy she is. Most insurance adjusters carry 75 - 100 claims at a time.

Your best bet will be to stay on top of the adjuster. Don't harass her, but instead call once a week to check on the status of your claim. Ask her if she is having any problem verifying your medical bills, etc. If so find out what the problem is and try and help her resolve it.

Otherwise make sure you are aware of the Statute of Limitations. In the State of South Carolina that Statute, or time period in which you need to settle your claim or file a lawsuit, is 3 years. Don't let that date pass! If you do you will lose your rights to any compensation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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