What to do about an injury suffered at a hotel?

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What to do about an injury suffered at a hotel?

My family and I stayed at a well known hotel until today. Last night I used the computer in their business center and the chair broke. I was injured. I went out to ask for help and told front desk agent I was hurt. She asked me to wait and called security for help. The hotel guard showed up and we walked to the center and he saw the chair, leg and wheel on the floor. He immediately called another guard on his walkie talkie for help. The guard immediately took away the chair and all broken pieces. There is a video camera. Do I have a case? If so/tort? They refused to give me copies of report; they said it’s policy.

Asked on November 23, 2011 under Personal Injury, California

Answers:

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

Answered 10 years ago | Contributor

Verify that the hotel's insurance carrier is accepting liability before incurring huge medical bills.  Assuming that the hotel's insurance carrier is accepting liability, 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 you have reached a point 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 hotel's insurance carrier will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the hotel's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the hotel.  If the case is settled with the hotel's insurance carrier NO lawsuit is filed.  If the case is NOT settled with the hotel's  insurance carrier, file your lawsuit for negligence against the hotel.  If the case is NOT settled with the hotel's insurance carrier, you will need to file your lawsuit for negligence against the hotel prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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