What is the proper recourse to collect payment/reimbursement for a trip and fall in a hotel?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the proper recourse to collect payment/reimbursement for a trip and fall in a hotel?

My 6 year old son tripped and fell in a hotel we were staying at; he damaged his teeth. He received medical attention (opted for an ambulance ride and an ED visit) to make certain no further damage. We obtained copies of the accident report and were with a group who witnessed the event. What is the best way to approach the hotel to make certain our subsequent bills will be paid for/reimbursed? He tripped over the marble/slate square base of a pillar inside the hotel falling on the marble/slate floor. We see it more of poor design as to his own negligence; other bases were bordered but not this one. Should we consult with a personal injury attorney? We’re in Mendocino County, CA.

Asked on October 19, 2011 under Personal Injury, California

Answers:

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

Answered 9 years ago | Contributor

Your son's personal injury claim should be filed with the insurance carrier for the hotel.  When your son completes his medical and dental treatment, obtain his medical and dental bills, and medical and dental reports.  Your son's personal injury claim will consist of these items.  Compensation for the medical and dental bills is straight reimbursement.  The medical and dental reports will document the nature and extent of your son's injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical/dental bills.

If the case is settled with the hotel's insurance company, 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 for negligence against the hotel.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.  If the case is NOT settled with the hotel's insurance carrier, you will need to file the lawsuit on behalf of your son prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.  In CA, there is a two year statute of limitations in personal injury cases.  This means the lawsuit must be filed prior to the two year anniversary of the accident.

It would be advisable to speak with a personal injury attorney.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption