What are my rights if I cut the shin on a piece of metal sticking out of a bed a motel?

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What are my rights if I cut the shin on a piece of metal sticking out of a bed a motel?

The cut got infected ans has left a 2 inch scar on my leg. I asked for the motel to pay my doctor visit fee and my prescription. They were rude and said its not there problem. What recourse do I have?

Asked on March 13, 2015 under Personal Injury, Florida


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

Answered 8 years ago | Contributor

Prior to filing a lawsuit for negligence against the motel, it may be possible to settle the case with the motel's insurance carrier.

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 any wage loss.  Your personal injury claim filed with the motel's insurance carrier should include these 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 motel's  insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the motel's insurance carrier, reject the settlement offers and file a lawsuit for negligenca against the motel.

If the case is NOT settled with the motel's insurance carrier, your lawsuit for negligence against the motel 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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