Maison Law represents victims of gym accidents in California. If you or a loved one have been injured in a 24-hour fitness, the accident attorneys at Maison Law are here to get you the compensation you need for your injuries. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a 24-Hour Fitness Accident in California?
No one ever imagines going into the gym and leaving with a life-changing injury. But with the millions of people working out every day, pursuing a healthier lifestyle, it is bound to happen. Gym accidents can occur for a number of reasons. The equipment could be faulty, the property itself can be unmaintained, or an employee can forget to clean up a hazardous condition (wet floors, weights left out in walking areas, etc.)
For example, let’s say you’ve just finished working out at the 24-Hour Fitness in San Diego of Balboa Street and you get locked in the sauna due to a faulty lock, resulting in severe burns to your feet and hands. Now, you can barely perform daily tasks without pain and your injuries require major surgery. What do you do?
A typical response would be to file a claim with the company’s insurance and make a personal injury demand for compensation. However, when it comes to major injuries, the insurance companies are looking at the heavy costs involved, rather than making sure you make a full recovery. They may even attempt to shift liability onto you to avoid your medical costs altogether.
That’s where an experienced accident attorney can help. An attorney will notify the insurance company that you’re aware of your right to fair compensation and are prepared to take legal action. An attorney will also:
- Increase your initial settlement by filing a personal injury lawsuit against all liable parties
- Connect you to trusted doctors and ensure continued medical treatment
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached and present your case in front of a jury
What to do After a 24-Hour Fitness Accident in California
Your first move after being injured should be to seek medical attention immediately. Nothing is more important than your health. If you do file a lawsuit, the defense will look to see if you were treating your injuries right away. If you ignored treatment, the defense attorney could potentially make a case that your injuries were not serious enough for you to need immediate medical attention. Once you get treatment, you should:
- Report the injury to 24-Hour Fitness. Injuries at gyms are not uncommon and they require a prompt investigation. Don’t be surprised if they take your written statement, photograph your injuries, and review the video surveillance evidence to make sure your statement adds up.
- Take your own photos of the scene and get witness statements, as well as their information. Businesses will typically remove hazardous conditions very quickly, so it is important for you to capture the dangerous environment while it is still there. This will strengthen your case and make it difficult for them to deny your claim.
- Follow up on your injuries with a doctor. Anything you’ve sustained from your accident will become a part of your case and you will need a doctor to corroborate your injuries.
- Contact Maison Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our experienced attorneys can help you understand your options and get you the compensation you need to make a full recovery.
Here are things you should NOT do once you’ve been injured:
- Do not write or sign any statements. You are not required to sign anything. Being involved in an accident can put you into an altered state and you may not be thinking straight. So, it is advised to decline signing anything until you’ve spoken with an attorney.
- Do not speak to the insurance company. Your attorney will manage communication with the insurance of the at-fault party. Insurance adjusters are experts at tricking victims into taking the blame for their injuries or dissolving 24-Hour Fitness of any responsibility for the hazardous environment they created. If you must give a statement, keep it brief and never admit fault.
- Do not accept any early settlement offers. Take the time to decide if you would like to pursue a claim and discuss your options with an accident attorney. Keep in mind, that you should not rush to settle, especially if you’re unsure of how significant your injuries are.
What if I Was Partially at Fault For a 24-Hour Fitness Accident in California?
Being blamed for an accident is not uncommon in premise liability lawsuits. Property owners will be looking out for their own interests and try to take the blame off themselves as much as possible. If you are blamed for the accident, you will most likely need to defend your case due to California being a pure comparative negligence state. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if you were partially at fault, but still got injured, you still reserve the right to compensation. However, your awarded settlement will be reduced by your percentage of fault.
What is the Typical Amount of Compensation for a 24-Hour Fitness Accident in California?
Compensatory damages are awarded to accident victims in the form of economic, non-economic, and punitive damages. While punitive damages are rare, they can be claimed if the accident was done with extreme recklessness or malice toward the victim. Economic damages are actual financial losses that can be assigned value. These include:
- Emergency room treatment
- Hospital bills
- Medications and medical equipment
- Ongoing treatment for current and future medical needs
- In-home care
- Lost income
- Loss of consortium
- Vehicle repair
Non-economic damages are subjective, non-compensatory losses, which include:
- Emotional pain
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
While there is no average amount of compensation, these factors can ultimately decide the compensation you can receive. It is important to note, however, that the more severe your injuries and damages are, the more compensation you can expect to be awarded. It is recommended to work with an accident attorney to discuss the details of your incident and understand the value of your case.
Contact a 24-Hour Fitness Gym Accident Lawyer in California
If you or a loved one has been injured in a 24-Hour Fitness accident due to someone else’s carelessness or a hazardous condition, contact our experienced attorneys today to get fully compensated for all your damages. At Maison Law, we’ve reached numerous successful outcomes in personal injury cases against major corporations like 24-Hour Fitness and can do the same for you. Call Maison Law today for a free consultation and case evaluation. There are no upfront costs or hidden fees. You won’t pay a cent until we’ve won your case.
