What canI do if a hotel employee was careless and this caused me an injury?

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What canI do if a hotel employee was careless and this caused me an injury?

While staying in a hotel I received a chemical burn to my eye as a result of a maintenance worker being careless. A maintenance worker failed to shut down the swim area beneath a bridge where he was cleaning up a child’s feces. As I floated beneath the bridge high concentrate chlorine dropped into my eye. In severe pain, I could find no first aid kit. Initially management was apologetic and assumed responsibility and told me that there would be an investigation. Now they will not provide the hospital with an incident number and they insist I submit the ER visit and subsequent follow-ups to my insurer. Do Ihave a case fpr personal injury? Can I get my medical bills paid and receive something toward pain and suffering?

Asked on April 25, 2011 under Personal Injury, South Carolina

Answers:

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

Answered 10 years ago | Contributor

When you complete your medical treatment and are released by the doctor, obtain your medical bills and medical reports.  The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Your personal injury claim should be filed with the hotel's insurance carrier.  Your claim should include the medical bills, any wage loss, and compensation for pain and suffering.  Compensation for the medical bills and wage loss is straight reimbursement.

If you are dissatisfied with settlement offers from the hotel's insurance carrier, you can file a lawsuit for negligence against the hotel.  Since the hotel has been uncooperative, if the hotel refuses to provide the name and address of its insurance carrier, you should proceed with your lawsuit for negligence against the hotel.

If the hotel provides its insurance information and the case is not settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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