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I was leaving my hotel at 4 am and while walking down the stairs I fell and ruptured my quadriicep tendon on both legs. the lights were out and it was pitch dark. I stayed in the hospital for 4 days then I when to a rehah center for 2 months. Now I’m home still dealing with alot of pain. I’m debating weather to sue or just let the hotel pay for my medical bills. If I sue, how much would this case be worth?
Asked on October 25, 2016 under Personal Injury, New York
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Prior to filing a lawsuit against the hotel, it may be possible to settle the case with the hotel's insurance carrier.
When you complete your medical treatment and are released by the doctor or are declared to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the hotel'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 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 against the hotel based on premises liability.
It is not possible to predict how much compensation you should receive because it depends on the medical bills, medical reports and wage loss. There isn't any mathematical formula for determining compensation for pain and suffering. It just depends on the facts of the case and the injury documented in the medical reports. The fact that you are having residual complaints of pain would mean additional compensation compared to someone who had fully recovered.
If the case is NOT settled, your lawsuit against the hotel must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.
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