What can we do if my wife was seeing a personal trainer who had her doing massive amounts of cardio and go on a strict diet and now she has a thyroid issue?

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What can we do if my wife was seeing a personal trainer who had her doing massive amounts of cardio and go on a strict diet and now she has a thyroid issue?

After finishing with the trainer she devolped a thyroid problem. After doing some research, we found out that other of the trainer’s clients have thyroid issues and that massive amounts of cardio and a strict diet can cause thyroid issues. Do we have a case to sue? Since my wife will have thyroid issues her whole life due to the trainer’s negligence.

Asked on November 16, 2014 under Personal Injury, Oklahoma

Answers:

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

Answered 6 years ago | Contributor

If the trainer has insurance, your wife  should contact the trainer's insurance carrier and inform it in writing that she will be filing a personal injury claim.

When your wife 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 any wage loss.  Her personal injury claim filed with the trainer's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  An estimate of future medical expenses discounted to present value based on the information in the medical reports should be included.  The medical reports will document the nature and extent of your wife's injury/condition, 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 trainer's insurance carrier, NO lawsuit is filed.

If your wife is dissatisfied with settlement offers from the trainer's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the trainer.

If the case is NOT settled with the trainer's insurance carrier, your wife's lawsuit for negligence against the trainer must be filed prior to the expiration of the applicable statute of limitations or your wife will lose her rights forever in the matter.


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.

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