If I slipped and fell on ice at a motel and now have both a cervical and lumbar strain, do I have a case?

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If I slipped and fell on ice at a motel and now have both a cervical and lumbar strain, do I have a case?

Asked on January 4, 2015 under Personal Injury, Ohio

Answers:

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

Answered 6 years ago | Contributor

Yes, you have a claim against the motel, but prior to filing a lawsuit, it may be possible to settle the case with the motel's insurance carrier.

Inform both the motel and its insurance carrier in writing of your 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 any wage loss.  Your personal injury claim filed with the motel'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 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 against the motel based on premises liability.

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