If my daughter’s pinky finger was slammed in the pool room door at a hotel, can I sue them?

Asked on September 14, 2015 under Personal Injury, Pennsylvania

Answers:

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

Answered 5 years ago | Contributor

Prior to filing a lawsuit, it may be possible to settle the case with the hotel's insurance carrier.
You should notify the hotel's insurance carrier in writing that you will be filing a personal injury claim on behalf of your daughter.
When your daughter completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports.  Her personal injury claim should include those items.  I assume she is a minor and doesn't have a wage loss claim.
Compensation for the medical bills is straight reimbursement.
The medical reports will document the nature and extent of your daughter's injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
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 on behalf of your daughter against the hotel for premises liability.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter if she is a minor.
If the case is NOT settled with the hotel's insurance carrier, the lawsuit on behalf of your daughter against the hotel must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.


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