What to do if I was injured at a gym when a piece of equipment fell on my head?

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What to do if I was injured at a gym when a piece of equipment fell on my head?

After much wrangling, I’ve finally got the insurance company to reimburse my out-of-pocket and lost income. As I was in pain for about 3 weeks, I’ve also asked for $1,000 for pain and suffering. They’ve responded with $120. What leverage do I have to get them to provide a realistic amount for pain and suffering?

Asked on December 21, 2012 under Personal Injury, Massachusetts

Answers:

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

Answered 8 years ago | Contributor

Your recourse is to file a lawsuit against the gym for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable gym would have exercised under the same or similar circumstances to prevent foreseeable harm).

Don't sign a settlement agreement until all issues have been resolved or you will lose your right to proceed with the lawsuit.

You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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