Can You Sue Your Personal Trainer
Have you ever had a rough time at the gym because your personal trainer showed up drunk or with a terrible hangover? It’s impossible to avoid injuries and work out properly when he or she is rude and constantly throwing equipment around.
So, what happens when you suffer an injury during or after your session that you believe arose from negligence? You can get a personal injury attorney to sue your trainer.
1. Proving negligence
Your personal injury attorney will build up a strong case by analyzing the following elements.
1. Duty of care
This is the legal obligation to adhere to high safety standards when performing certain acts.
For instance, motorists have a duty of care towards other drivers on the road. That’s why you must switch on indicator lights when overtaking or driving towards exits.
A personal trainer has a duty of care towards, you-the client. Your personal injury lawyer will analyze your signed agreement to pinpoint your trainer’s obligations towards maintaining the required safety standards for your training sessions.
When you look at the job description of a personal trainer, you’ll see that they have to inspect training equipment before and after sessions. He or she should also advise on the right gear to wear during training sessions.
A breach occurs when someone breaks their duty of care towards another person or people. In most cases, it’s an intentional act. Let’s assume that your personal trainer sent you to the exercise bench without doing a prior inspection. While doing presses, the bench suddenly collapses and the weight falls on your ribs badly.
Here, it’s obvious that an avoidable accident took place. So, it also means that your trainer neglected his or her duty of care towards you.
Your attorney will explain to the judge how your trainer’s breach is directly attributable to your injuries. He or she will work with an expert witness to verify your medical report and link each injury to its appropriate cause.
If the exercise bench collapsed while you’re in the middle of a set, your lawyer will explain how the unexpected movement directly caused wrist injuries.
Damages refer to physical injuries, the amount of money spent on treatment, and lost wages. A personal injury attorney examines your medical reports, bills, and income statements to determine your compensation.
2. How to win a personal injury claim
1. Take photos of the equipment
Some injuries are worse than others. If you can still move about after falling, take pictures of the faulty equipment immediately. Make sure you zoom in on damaged or missing parts to prove that the trainer neglected to inspect the equipment prior to your session.
2. Seek medical attention immediately
Injuries that happen at the gym require medical attention fast. There’s a huge risk of them deteriorating and become more difficult to treat.
Let’s resume to our previous example of the collapsed exercise bench. In this situation, a wrist strain can occur due to a momentary loss of grip. Failing to seek medical attention on time can affect your injured tendons so badly that it surgery becomes the only option.
Seeking medical attention immediately proves that you suffered severe injuries that actually disrupted your day to day living. Delaying for a couple of weeks indicates that you only had minor injuries and the defendant’s attorney will offer a very low compensation check.
3. File the case promptly
What are the advantages of doing this? Testimonies tend to get less credible with time. You’re more likely to forget some events or details four or five days later after your training accident occurred. However, reaching out to a personal injury attorney within 24 hours enables you to recall all events that led to your injury.
4. Get an expert witness
You’ll need an expert witness who’s a qualified medical professional in your corner. He or she proves causation by explaining the mechanisms of each injury published in your medical report. In addition to analyzing physical injuries, this witness also determines your level of pain and suffering.
5. Don’t settle for the first compensation offer
Personal injury lawsuits are sometimes time-consuming and costly. So, the defendant might want to resolve things as fast and easy as possible by requesting for an out of court settlement. Well, this might seem rational on a surface level, the amount usually ranges from a third to a half of what you ought to get.
6. Avoid social media
During trial, the defendant’s team will keep a close eye on you due to several reasons. The major one being confirming whether your injuries are as bad as you reported them.
Let’s assume that your medical report indicates that there’s severe back pain. Two days later, the defendant’s attorney finds your Instagram profile and watches a recently recorded video showing you lifting heavy stuff around your home. He or she can beat your claim by playing the video in court to prove that your injuries were wrongly assessed.
3. Avoid these mistakes
1. Discussing pre-existing injuries
Mentioning any severe injuries you recently had prior to your current one creates an opportunity for the defense team to challenge your medical report. For instance, a broken hand that you had three or four months ago. He or she will argue that the trainer’s negligence wasn’t 100% responsible for your current injury since your hand wasn’t fully healthy.
2. Resuming to work without medical clearance
Your doctor told you to rest for two months in order for your injured limbs to recover fully. However, you feel like the pain has subsided by 50% just after a month and decide to return to work. Is this a bad move? Yes, it is because you prove that your injuries weren’t severe. Your compensation package can actually drop by 50%.
Don’t allow a personal trainer or fitness center to threaten you against taking legal action. Your success largely depends on seeking medical attention promptly in order to build up a strong case based on credible information. Call Nathan Fitzpatrick Law Office immediate within 24 hours of the incident. We’ll inform you on what to do.