If my wife was injured by her teammate in an organized volleyball league, does the player that caused the injury have responsibility for medical costs?

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If my wife was injured by her teammate in an organized volleyball league, does the player that caused the injury have responsibility for medical costs?

Asked on July 25, 2011 New Mexico

Answers:

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

Answered 9 years ago | Contributor

Although the player is liable, the volleyball league is also liable.  Your wife should file her personal injury claim with the insurance carrier for the volleyball league because most likely the player doesn't have any money.  Your wife's personal injury claim should consist of the medical bills, medical reports and documentation of any wage loss.

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 no further improvement is anticipated, your wife should obtain her medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of her injuries and will be used to determine the amount of compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If your wife is dissatisfied with settlement offers from the volleyball league's insurance carrier, she can file a lawsuit against the volleyball league and the player for negligence.  If the case is settled, no lawsuit is filed.  If the case is not settled, your wife will need to file her lawsuit for negligence prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.


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