If a bullet came through my wall during a shooting at a hotel, do I have a civil case against the chain?
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If a bullet came through my wall during a shooting at a hotel, do I have a civil case against the chain?
My fiance and I were staying in an extended stay hotel after relocating. There were 6 shots fired in the room next to us, and 1 of those bullets came through the shower wall and ricocheted into my
bath tub. The front desk was notified numerous times about the noise and number of people in that room by numerous other guests before shots were fired. It was blatantly clear that there was a party in that room, still nothing was done which ultimately could have lead to our deaths. We have struggled daily since that incident which has caused us both to experience mental trauma and difficulty functioning. I have been diagnosed with PTSD stemming from the incident.
Asked on May 10, 2018 under Personal Injury, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You and your fiance have separate personal injury claims against the hotel for emotional distress. Notify the hotel and hotel's insurance carrier in writing of the claims.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the hotel's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the hotel's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the hotel's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the hotel.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
The same discussion applies to your fiance's personal injury claim.
If neither case is settled, then both of you would be plaintiffs in a single lawsuit for negligence against the hotel.
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