What is my lega recourse if I as I was walking into a hotel the floor was very slippery and I fell on my lower back/tailbone and also hit the back of my head?
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What is my lega recourse if I as I was walking into a hotel the floor was very slippery and I fell on my lower back/tailbone and also hit the back of my head?
I’m in a lot of pain.
Asked on December 12, 2016 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The insurance carrier for the hotel should be notified in writing that you will be filing a personal injury claim.
You need to go to a doctor to document your injury in order to have a personal injury case.
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 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 will document the nature and extent of your injury 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 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 against the hotel based on premises liability.
If the case is NOT settled, your lawsuit against the hotel must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.
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