What legal recourse do I have against a Mexican resort where I contracted salmonella?
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What legal recourse do I have against a Mexican resort where I contracted salmonella?
I have a bill from the resorts onsite doctor and the ER diagnosis just hours after returning home
Asked on August 5, 2014 under Personal Injury, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You should call the Mexican resort and obtain the name, address, and telephone number of its insurance carrier. 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, obtain your medical bills, medical reports and documentation of any wage loss.
Your personal injury claim filed with the resort'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 / illness 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 resort's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the resort's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the resort. You can file your lawsuit in the federal court closest to your residence. File in federal court, not state court because the resort is in a foreign country.
If the resort does not have insurance, proceed with the lawsuit when you complete your medical treatment and are released by the doctor and have obtained the medical bills, medical reports and documentation of any wage loss.
You may want to contact the U.S. embassy in Mexico if you have difficulty obtaining insurance information from the Mexican resort.
If your case is NOT settled, your lawsuit for negligence against the resort 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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