If I slipped on wet sidewalk at a resort and fractured my kneecap and femur but am returning to the UK in 4 days, where do I stand?

Asked on September 17, 2015 under Personal Injury, California

Answers:

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

Answered 5 years ago | Contributor

You should inform the resort's insurance carrier in writing of your injury and that you will be filing a personal injury claim.
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 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 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 against the resort based on premises liability.
If the case is NOT settled with the resort's insurance carrier, your lawsuit 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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