Home     Law Advice     Insurance Advice     Community    
Other Personal Injury and Wrongful Death : Airplane Accidents, Boating Accidents, Slips, Falls, etc.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Other Personal Injury and Wrongful Death

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-23-2006, 02:29 PM
Junior Member
 
Join Date: Jun 2006
Posts: 1

Broken leg in a nightclub


What is the name of your state? OR


While celebrating on grad night last Saturday my boyfriend & I went to a small dance club with some friends. The place is tiny (dance floor about 20x30 feet, sitting area maybe 1.5 times that size) and was packed with people. Other clubs and bars in the area were keeping people outside from being too full, but this place was letting anyone in who was of age and could pay the cover charge. While on the dance floor, someone behind us pushed me into him, we both fell to the ground, and I landed on his leg. One of our friends helped us up and then my boyfriend said that his leg was really hurt and we helped him outside, arms over shoulders style. On the way out, we passed one of the club's security guards who I asked to clear a path through the people so we could get outside, but he just laughed, shook his head, and kept walking the opposite direction.

When we got outside, his leg looked fine but his ankle was huge and swollen. We were going to call an ambulance but having just graduated he was off of the school's insurance plan and couldn't afford an E.R. bill. I found someone else in the crowd that I knew had a car and was sober. He felt the ankle and leg and said that it was probably just a sprain. He and our other friend carried my boyfriend to the car, we bought some ice on the way home, and I kept it elevated and iced 20-on 20-off all night. In the morning I called my pharmacist mom and she said as long as he had full range of movement with his foot, he probably hadn't broken his ankle. We kept up the icing and elevation for the rest of the day and night, and went to the hospital on Monday to have an x-ray taken to make sure.

His ankle wasn't broken, but the fibula (small bone in the lower leg) was, and ligaments were torn on both sides of the ankle. He was put in a splint to wear overnight, and surgery was performed the next day. Three small screws hold the fibula together, and one large screw holds the fibula to the tibia (large bone in the lower leg) to restrict movement so that the ligaments will have a chance to heal themselves. The large screw has to be taken out in 8 weeks and he has to be in New York for grad school in 9 weeks. Because his leg is broken, he can't work his summer job moving furniture, credit card payments are still due (though he has insurance on some of them to protect against this), and he could potentially have physical therapy bills after the move to NY because his school insurance policy won't cover a pre-existing condition.

We have contacted the owner of the club who does have insurance coverage. He has been very nice about this, but family emergencies dealing with insurance companies in the recent past have been awful. We don't want to sue the club or the owner, but we would like to have the medical bills paid and at least some compensation of lost wages since this could destroy his credit score just when he needs to be securing student loans. I was recommended to post on this forum and would just like some advice on how to go about dealing with the insurance company in this situation.
  #2  
Old 06-23-2006, 03:13 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by mynamesjenelle
What is the name of your state? OR


While celebrating on grad night last Saturday my boyfriend & I went to a small dance club with some friends. The place is tiny (dance floor about 20x30 feet, sitting area maybe 1.5 times that size) and was packed with people. Other clubs and bars in the area were keeping people outside from being too full, but this place was letting anyone in who was of age and could pay the cover charge. While on the dance floor, someone behind us pushed me into him, we both fell to the ground, and I landed on his leg. One of our friends helped us up and then my boyfriend said that his leg was really hurt and we helped him outside, arms over shoulders style. On the way out, we passed one of the club's security guards who I asked to clear a path through the people so we could get outside, but he just laughed, shook his head, and kept walking the opposite direction.

When we got outside, his leg looked fine but his ankle was huge and swollen. We were going to call an ambulance but having just graduated he was off of the school's insurance plan and couldn't afford an E.R. bill. I found someone else in the crowd that I knew had a car and was sober. He felt the ankle and leg and said that it was probably just a sprain. He and our other friend carried my boyfriend to the car, we bought some ice on the way home, and I kept it elevated and iced 20-on 20-off all night. In the morning I called my pharmacist mom and she said as long as he had full range of movement with his foot, he probably hadn't broken his ankle. We kept up the icing and elevation for the rest of the day and night, and went to the hospital on Monday to have an x-ray taken to make sure.

His ankle wasn't broken, but the fibula (small bone in the lower leg) was, and ligaments were torn on both sides of the ankle. He was put in a splint to wear overnight, and surgery was performed the next day. Three small screws hold the fibula together, and one large screw holds the fibula to the tibia (large bone in the lower leg) to restrict movement so that the ligaments will have a chance to heal themselves. The large screw has to be taken out in 8 weeks and he has to be in New York for grad school in 9 weeks. Because his leg is broken, he can't work his summer job moving furniture, credit card payments are still due (though he has insurance on some of them to protect against this), and he could potentially have physical therapy bills after the move to NY because his school insurance policy won't cover a pre-existing condition.

We have contacted the owner of the club who does have insurance coverage. He has been very nice about this, but family emergencies dealing with insurance companies in the recent past have been awful. We don't want to sue the club or the owner, but we would like to have the medical bills paid and at least some compensation of lost wages since this could destroy his credit score just when he needs to be securing student loans. I was recommended to post on this forum and would just like some advice on how to go about dealing with the insurance company in this situation.

Two problems:

The club owner was not negligent

and

the injuries are not permanent.


Usually, these drunken brawls don't result in anybody getting any money.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 06-23-2006, 03:20 PM
shell007
Guest
 
Posts: n/a
Quote:
Originally Posted by mynamesjenelle
What is the name of your state? OR


While celebrating on grad night last Saturday my boyfriend & I went to a small dance club with some friends. The place is tiny (dance floor about 20x30 feet, sitting area maybe 1.5 times that size) and was packed with people. Other clubs and bars in the area were keeping people outside from being too full, but this place was letting anyone in who was of age and could pay the cover charge. While on the dance floor, someone behind us pushed me into him, we both fell to the ground, and I landed on his leg. One of our friends helped us up and then my boyfriend said that his leg was really hurt and we helped him outside, arms over shoulders style. On the way out, we passed one of the club's security guards who I asked to clear a path through the people so we could get outside, but he just laughed, shook his head, and kept walking the opposite direction.

When we got outside, his leg looked fine but his ankle was huge and swollen. We were going to call an ambulance but having just graduated he was off of the school's insurance plan and couldn't afford an E.R. bill. I found someone else in the crowd that I knew had a car and was sober. He felt the ankle and leg and said that it was probably just a sprain. He and our other friend carried my boyfriend to the car, we bought some ice on the way home, and I kept it elevated and iced 20-on 20-off all night. In the morning I called my pharmacist mom and she said as long as he had full range of movement with his foot, he probably hadn't broken his ankle. We kept up the icing and elevation for the rest of the day and night, and went to the hospital on Monday to have an x-ray taken to make sure.

His ankle wasn't broken, but the fibula (small bone in the lower leg) was, and ligaments were torn on both sides of the ankle. He was put in a splint to wear overnight, and surgery was performed the next day. Three small screws hold the fibula together, and one large screw holds the fibula to the tibia (large bone in the lower leg) to restrict movement so that the ligaments will have a chance to heal themselves. The large screw has to be taken out in 8 weeks and he has to be in New York for grad school in 9 weeks. Because his leg is broken, he can't work his summer job moving furniture, credit card payments are still due (though he has insurance on some of them to protect against this), and he could potentially have physical therapy bills after the move to NY because his school insurance policy won't cover a pre-existing condition.

We have contacted the owner of the club who does have insurance coverage. He has been very nice about this, but family emergencies dealing with insurance companies in the recent past have been awful. We don't want to sue the club or the owner, but we would like to have the medical bills paid and at least some compensation of lost wages since this could destroy his credit score just when he needs to be securing student loans. I was recommended to post on this forum and would just like some advice on how to go about dealing with the insurance company in this situation.
If the club AGREES to help your BF out on medical bills...fine.

If NOT....I wouldn't be surprised and wouldn't press the issue.

This was CLEARLY AN ACCIDENT!

As SJ stated....this has NOTHING to do with the club and/or the club's owner.
  #4  
Old 06-23-2006, 03:21 PM
Senior Member
 
Join Date: Jan 2006
Posts: 9,771

not legal advice, but


precisely why I prefer dirty dancing to drunken dancing.
  #5  
Old 06-23-2006, 03:25 PM
shell007
Guest
 
Posts: n/a
Quote:
Originally Posted by fairisfair
precisely why I prefer dirty dancing to drunken dancing.
Hmmmmm!!! This gives me a GREAT idea for a Friday night!!!!

I sure hope Hubby agrees!!!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:58 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.