Injured by Gym Machine While Working Out...
(Methuen, MA, US)
Two and a half years ago I was in an apartment complex gym with my friend who lived there. While I was using their machine it snapped and broke my scapula and sprained my wrist. The machine wasn't installed properly by one of their maintenance men.
I'm suing the owners of the property (a major real estate firm worth billions) and now they're arguing with my friend's homeowners insurance company. They are both fighting over who should pay me.
My lawyer never calls back and I have no idea what's going on. He said they have until September 14th to settle, but my friend was contacted by his homeowners insurance saying they are hiring an attorney for him. I'm 2.5 yrs into it now and just want this to be over.
What can I do? How much should I be expecting as settlement? Should I take a loan out on my settlement to get extra cash, or are there any other options? Thanks for any info you can give.
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ANSWER for "Injured by Gym Machine While Working Out...":
Mike (Methuen, MA, US):
It's been our long-standing tradition here at Injury-Settlement-Guide.com not to interfere with any Attorney-Client relationship. Doing so would be inappropriate. We can though, make some general observations about the facts of your case as you present them.
There doesn’t appear to be a viable connection between your friend’s homeowners insurance and your claim. You state the property is owned, not by your friend, but by a “major real estate firm.”
If that is the case your friend might have renters insurance. If so, it's possible there may be some provision in his policy to provide funds for persons injured in his apartment. It is not probable such coverage would extend to the apartment complex's weight room.
In most personal injury cases, although items such as out of pocket expenses and lost wages are factored into settlement demands, it is the medical bills, or “Hard Costs”, which will ultimately be used as the nucleus of the settlement demand.
Your compensation for your scapular, or more commonly called your “shoulder blade” injury will be determined by such hard costs.
Most scapula injuries aren’t severe; some not even requiring a cast, but instead a sling of some type. Although no one would doubt the pain and discomfort such an injury might cause, these types of injuries are not ones which traditionally command very high settlement amounts.
The sprain to your wrist would have negligible, if any impact upon the settlement amount. Sprains are considered “soft tissue injuries,” and as such normally do not require very much medical care and related costs.
We wouldn’t suggest you go into debt over this case; at least not until you at least speak with your Attorney.
You ask what we think might be an appropriate settlement amount for your case. Without knowing the amount of your medical bills, out of pocket expenses and lost wages arising out of the injury, it would be impossible to say.
Using the information we set out above, you should be able to have a fair idea of what you case may be worth.
Best of Luck,