GYM Accident, Continued

[nyhelp]

What is the name of your state?NY

My previous thread got closed by accident, can't open it so continue here.

I was working out in the gym 2.5 years ago. The gym was overcrowded with members and the area next to the rack with free weights had only 2 mirrors. There was very little space. I was using free weights when my right hand came in contact with left hand of another member also using free weights. The guy is suing the gym for injury and added me as a second defendant.
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The guy didn't have medical, my luck, and had a surgery to repair the finger, said meds were 15k..but he haven't paid anything yet. As far as losing any time from work, I doubt he did, and he will have hard time proving loss of income..the gym asked for his tax returns for past 4 years,,as far as I know guy is not wealthy at all. Besides, he is no neurosurgent, and as far as I remeber he was back in the gym lifting weights 2 month after the incident.

1.) So, I guess he wants to get the majority of the verdict through pain and suffering. Do you think that since he had a surgery he can ask for a lot? What do you think is a max for this case?

2.) I am afraid that if this case goes to trial and gym is found liable they will go after me. Should I avoid trial, and try to settle myself if I see that gym resists settlement? I can only make monthly payments. All my friends say that I shouldn't do it, that settlement is admission of guilt, but I don't want a judgement against me, they are collectable for 20 years in NY.

3.) When is the latest I can hire a lawyer..it's very tough for me and lawyers are expensive:-( Should I do it after Note of Issue is filed?

Thanks!

[nyhelp]

Anyone has suggestions?

[You Are Guilty]

Didn't see your post - will get back to it tonight when I have more time. In the meantime, perhaps you can take you mind off the case by visiting here: [url]http://www.theflashgames.com/[/url] (I recommend "curve ball").

[nyhelp]

You are Guilty,

Thanks, whenever you get a chance...you input is much appreicated.

[You Are Guilty]

Originally Posted by nyhelp

1.) So, I guess he wants to get the majority of the verdict through pain and suffering. Do you think that since he had a surgery he can ask for a lot? What do you think is a max for this case?

He can ask for whatever he wants - its how much the jury buys his argument that counts. Then, if they go overboard, the Appellate Division will knock it down to something slightly more reasonable. As to actual amounts, its impossible to say not knowing his exact medical history and the county the case is in, but a guesstimate of a sustainable value is somewhere more than $0 and less than $100,000.

2.) I am afraid that if this case goes to trial and gym is found liable they will go after me. Should I avoid trial, and try to settle myself if I see that gym resists settlement? I can only make monthly payments. All my friends say that I shouldn't do it, that settlement is admission of guilt, but I don't want a judgement against me, they are collectable for 20 years in NY.

Settlement is not an admission of anything. However, there is no reason to "try" to settle anything this early. Wait and see what tact the gym is taking - early settlement, "no pay", etc. If they end up settling for enough money, it's doubtful the plaintiff will care what you do, so to offer him money for no reason is ludicrous.

3.) When is the latest I can hire a lawyer..it's very tough for me and lawyers are expensive:-( Should I do it after Note of Issue is filed?

I won't answer any 'should' questions (other than the answer to "should I hire a lawyer" is always "yes"). However, the latest you can hire a lawyer is the day of trial, although I would not recommend it. If you wait until the note of issue is filed to hire a lawyer, you run the risk of him/her coming in at a point where they can no longer obtain any additional discovery which may be required for your defense. So as a rule of thumb, "the sooner, the better". You should be able to get some low-cost lawyer referrals through your local Bar Association.

[nyhelp]

Originally Posted by You Are Guilty

He can ask for whatever he wants - its how much the jury buys his argument that counts. Then, if they go overboard, the Appellate Division will knock it down to something slightly more reasonable. As to actual amounts, its impossible to say not knowing his exact medical history and the county the case is in, but a guesstimate of a sustainable value is somewhere more than $0 and less than $100,000.

Understood, that's why I hope gym would avoid the trial, because the jury can give a guy some crazy amount. Although even 40 or 50k for a broken finger with no permanent damage sounds like a crazy amount to me...

Originally Posted by You Are Guilty

Settlement is not an admission of anything. However, there is no reason to "try" to settle anything this early. Wait and see what tact the gym is taking - early settlement, "no pay", etc. If they end up settling for enough money, it's doubtful the plaintiff will care what you do, so to offer him money for no reason is ludicrous.

I wouldn't settle now, I was thinking of waiting till the end, like before the trial. I looked at other cases vs gym in my county, none actually went to trial in the past 9 years. Gym does settle but fights till the end, sometimes settling right before trial. So what kind of strategy you think I should use? Should I avoid trial at all costs?

Originally Posted by You Are Guilty

I won't answer any 'should' questions (other than the answer to "should I hire a lawyer" is always "yes"). However, the latest you can hire a lawyer is the day of trial, although I would not recommend it. If you wait until the note of issue is filed to hire a lawyer, you run the risk of him/her coming in at a point where they can no longer obtain any additional discovery which may be required for your defense. So as a rule of thumb, "the sooner, the better". You should be able to get some low-cost lawyer referrals through your local Bar Association.

Thanks, I found it. I'll try to find out what they charge and hopefully avoid crazy legal expenses.