Can I sue a self-defense company/owner for injuries from participating in a free class?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue a self-defense company/owner for injuries from participating in a free class?

My girlfriend attended a free self-defense class and fractured her leg and torn her MCL/ACL. The owner’s wife was paired up with my girlfriend, wrapped her leg and pushed my girlfriend backwards to the floor. There wasn’t any disclosure/liability agreement or consent forms signed. Now my girlfriend has to use other means to pay for the MRI, doctor’s visit and possible surgery costs not covered by insurance. What should we do?

Asked on November 8, 2018 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Prior to filing a lawsuit for negligence against the self-defense company and its owner, it may be possible to settle the case with the company's insurance carrier.
Your girlfriend should notify that insurance carrier in writing that she will be filing a personal injury claim. When she completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports, and documentation of wage loss. Her personal injury claim filed with the self-defense company's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the self-defense company's insurance carrier, NO lawsuit is filed.
If your girlfriend is dissatisfied with settlement offers from the self-defense company's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the self-defense company and its owner.
If the case is not settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your girlfriend will lose her rights in the matter forever.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption