What are my rights if I was leaving a hotel/bar and was taken down a staircase that was slippery which caused me to slip and fall and injure myself?
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What are my rights if I was leaving a hotel/bar and was taken down a staircase that was slippery which caused me to slip and fall and injure myself?
I got a minor back injury and large bruising on my leg and arm. The manager gave me his card upon leaving, stating to call him if I needed anything.
Asked on September 29, 2014 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
It would be advisable to obtain the name, address and telephone number of the insurance carrier for the hotel/bar from the manager. Inform the insurance carrier that you will be filing a personal injury claim.
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 your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.
Your personal injury claim filed with the insurance carrier for the hotel/bar should include your medical bills, medical reports and documentation of any wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be 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 insurance carrier for the hotel/bar, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier for the hotel/bar, reject the settlement offers and file a lawsuit for negligence against the hotel/bar.
If the case is NOT settled with the insurance carrier for the hotel/bar, your lawsuit for negligence against the hotel/bar must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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