Can I sue a self-defense company/owner for injuries from participating in a free class?
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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 5 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.
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