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child broke arm in 2 places at private club

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burntbysun

Guest
What is the name of your state?ga
My Son broke his arm by an indoor pool at a very private club. He was going for a swim lesson, he was not running but not walking and broke his forearm in 2 places.(I was there at the time). I have talked with the clubs adjustor. I do not yet have an attorney. What is the average pain and suffering for something like this. The insurance woman seems very nice and is not pushy at all for me to settle. She told me the average is 3-5 times the medical bills. This is a first for me. Any advice out there?
 


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burntbysun

Guest
details

He broke his right arm (he is left handed) there had been meetings at the club to discuss placing mats in the indoor pool as it is very slick. We were made aware of this by 3 different managers at teh club. ONe of which told the investigator. There is always standing water near where the accident happened....
 

enjay

Member
I'd be surprised if you get much more than medical expenses. Your child was trotting along by a pool and slipped. That's hardly negligence on the part of the club.
 
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burntbysun

Guest
why are they talking with me?

They have been very good to me with follow up calls and their insurance adjustor has told me that they will pick up all medical and there would be pain and suffering damages. Do you think they are pulling my chain? :confused:
 

dncr

Member
The one time I had a pain and suffering case, my lawyer told me it's typically 3 times the medical bills, although not necessarily.

If the club created a dangerous situation and knew it, but didn't do anything about it, I can see why their insurance company is being so cooperative.
 

BelizeBreeze

Senior Member
Standing water around a swimming pool. Imagine that.

Listen, no one can tell you how much pain and suffering SHOULD be. Although the club had made plans to put down rubber mats and seems to be accepting SOME responsibility, your son is also somewhat, if not just as liable for his own damages by 'trotting'.

Simply put, walking around a known danger (wet, slippery area around the pool) is considered mitigating damages, which did not occur here.

The insurance adjuster and the club seem to be handling this in a professional manner. Wait until they make an offer then decide if you think it's worthwhile to seek advice of an attorney.
 

JETX

Senior Member
BelizeBreeze said:
Wait until they make an offer then decide if you think it's worthwhile to seek advice of an attorney.
In the words of "Family Feud".... GOOD ANSWER!!! GOOD ANSWER!!! :D
 

JETX

Senior Member
Four questions:
1) How old is this 'child'??
2) What do you mean when your post said: "he was not running but not walking"?? Was he flying?? Skipping?? Crawling??
3) Did you see your child "not running but not walking" before the accident and EXACTLY what, if anything, did YOU do or say to him??
4) Finally, what does "I was there at the time" mean?? Were you AT the pool, in the car, inside having a drink, talking to the poolboy?? Where were you EXACTLY in relation to the pool and accident??
 

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