What to do if I was staying in a hotel and slip in shower and hit my head because drain was’t draining fast enough?

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What to do if I was staying in a hotel and slip in shower and hit my head because drain was’t draining fast enough?

I got a mild concussion and am limited to non stress work or exercise for 2 week. Now after 2 weeks my headaches are pretty much gone. The insurance company of the hotel wants to close the claim and pay me $1000. What does it mean to close the claim? What if something happens down the road and I’m told it is related to that hit on the head, if I signed off are they no longer liable? Is $1000 a suitable amount for my pain and suffering?

Asked on November 2, 2012 under Personal Injury, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, if you accept the settlement, you will be asked to sign a waiver or release pursuant to which you give up any additional or future claims relating to this incident; thus, if you do in fact suffer delayed consequences or costs, you will be unable to recover for them.

It is impossible to say what would be a suitable amount for your pain and suffering, since every case is different. The best thing for you to do is to consult with an experienced personal injury attorney (many provide free initial consultations; you can inquire into this before meeting) who can evaluate your case and what it might be worth.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Whether or not the $1,000 settlement offer from the hotel's insurance carrier is adequate to cover the damages that you sustained from the mishap depends really upon a legal opinion and whether your injuries have fully recovered taking into account the costs of medical bills, lost wages and pain and suffering. I cannot answer the question from what you have written in that there are not enough facts presented.

Close the claim means that any written settlement that you enter into ends the case that you have for negligence against the hotel. If you settle your matter and have future problems stemming from the mishap, you would have no further legal recourse.


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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