What to do if my son slipped on a slide at a hotel and did a lot of damage to his teeth?

We had to rush him to the hospital; he’s going to need a lot of dental work.

Asked on June 27, 2014 under Personal Injury, Florida

Answers:

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

Answered 6 years ago | Contributor

You should contact the hotel's insurance carrier and inform it in writing that a personal injury claim will be filed on behalf of your son.

When your son completes his dental treatment and is released by the dentist, obtain your son's hospital bill, dental bills and dental /medical reports.  Your son's personal injury claim filed with the hotel's insurance carrier should include the hospital bill, dental bills and dental / medical reports.  Compensation for the dental bills and hospital bill is straight reimbursement.  The dental and medical reports will be used to determine compensation for pain and suffering which is an amount in addition to the dental and hospital 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 son for negligence against the hotel.  I assume that your son is a minor.  If so, you will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because a minor cannot file a a lawsuit himself.  

If the case is NOT settled with the hotel's insurance carrier, your son's lawsuit for negligence against the hotel, must be filed 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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