What canI do if a hotel employee was careless and this caused me an injury?

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What canI do if a hotel employee was careless and this caused me an injury?

While staying in a hotel I received a chemical burn to my eye as a result of a maintenance worker being careless. A maintenance worker failed to shut down the swim area beneath a bridge where he was cleaning up a child’s feces. As I floated beneath the bridge high concentrate chlorine dropped into my eye. In severe pain, I could find no first aid kit. Initially management was apologetic and assumed responsibility and told me that there would be an investigation. Now they will not provide the hospital with an incident number and they insist I submit the ER visit and subsequent follow-ups to my insurer. Do Ihave a case fpr personal injury? Can I get my medical bills paid and receive something toward pain and suffering?

Asked on April 25, 2011 under Personal Injury, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

When you complete your medical treatment and are released by the doctor, obtain your medical bills and medical reports.  The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Your personal injury claim should be filed with the hotel's insurance carrier.  Your claim should include the medical bills, any wage loss, and compensation for pain and suffering.  Compensation for the medical bills and wage loss is straight reimbursement.

If you are dissatisfied with settlement offers from the hotel's insurance carrier, you can file a lawsuit for negligence against the hotel.  Since the hotel has been uncooperative, if the hotel refuses to provide the name and address of its insurance carrier, you should proceed with your lawsuit for negligence against the hotel.

If the hotel provides its insurance information and the case is not settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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