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

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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

Answers:

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

Answered 9 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.


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