CanI sue if my son got hurt at a hotel where a table fell on his hand and broke his fingers?

We were decorating for a party at a hotel and my son was hanging on a table which flipped over and injured his hand which later found out he had broken his fingers. I know he was the cause of it but I wanted to know if I can sue for injuries suffered.

Asked on September 21, 2011 under Personal Injury, Louisiana


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

Answered 9 years ago | Contributor

Prior to filing a lawsuit, it may be possible to settle the case with the hotel's insurance carrier.  Obtain your son's medical bills and medical reports.  His personal injury claim will consist of these items.  File your son's personal injury claim with the hotel's insurance carrier.  Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of his injuries 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 insurance company, reject the settlement offers and file a lawsuit for negligence against the hotel.  You will need to be appointed guardian ad litem in order to file a lawsuit on behalf of your son because a minor cannot file a lawsuit.

If the case is settled with the hotel's insurance company, NO lawsuit is filed. If the case is NOT settled, you will need to file the lawsuit for negligence prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.

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