If my mom was just injured at a hotel and 2 days later their lawyers called to talk, what should my parents do?

UPDATED: Jan 12, 2012

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If my mom was just injured at a hotel and 2 days later their lawyers called to talk, what should my parents do?

She got into the shower and shortly after the water turned ice cold on her. When she tried to make a quick escape from the cold water she slipped and fell. When they talked to the front desk about it, they told her that they were having plumbing issues and that’s why the water turned cold so fast. They gave her some paperwork to take the doctor they appointed her to so that they would cover her hospital expenses. Then 2 days later the hotel’s lawyers called and left them a message wanting to talk with them about what happened.

Asked on January 12, 2012 under Personal Injury, Michigan


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

Answered 10 years ago | Contributor

Don't talk with the hotel's attorneys at this point.  Only tell them that a personal injury claim will be filed with the hotel's insurance carrier.

When your mother completes her medical treatment and is released by the doctor or is declared to be permanent and stationary by the doctor which means having reached a point where no further improvement is anticipated, your mother should then obtain her medical bills, medical reports, and documentation of any wage loss.  The personal injury claim filed with the hotel's insurance carrier should consist of those items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your mother's injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If your mother is dissatisfied with settlement offers from the hotel's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the hotel.  If the case is settled with the hotel's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the hotel's insurance carrier, your mother will need to file a lawsuit for negligence against the hotel prior to the expiration of the applicable statute of limitatiions or she will lose her rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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