Visitor Question

Surgery needed for broken leg from slip in a motel shower…

Submitted By: Lori (Waupaca, WI)

I am a WI resident who slipped in KS motel tub. I broke my leg and needed surgery once I got back home. Bills are adding up quickly. I feel the motel should be liable for some costs. The tub had no anti-skid strips to prevent slipping.

Injury occurred on 7/19. An incident report was completed by motel staff. I went to urgent care on 7/20 and got X-rays and a cam walker. I traveled 900 miles home on motorcycle.

I consulted with a trauma surgeon on 7/28 and had surgery on 8/1 to put in a plate and several screws to repair the distal end of my left fibula. I need 9 weeks recovery with no weight bearing on the leg. I am a school teacher and back to work full time on 8/29, using a knee caddy for mobility.

What do I do to recover costs? Is the motel liable for any of my medical bills and other costs? Do I pursue this through a law firm (WI lawyer or KS lawyer)? This has been very stressful emotionally and physically. Any information you can give would be very helpful. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lori,

Continue seeking medical treatment. Because of the severity of your injuries and the complexity of presenting the claim, your best interests will be served by seeking the advice and counsel of a personal injury attorney in the Kansas area in which the hotel is located.

Most Wisconsin lawyers are not licensed in the State of Kansas. Pursuing an injury

claim may require litigation, and that must be pursued by Kansas attorney.

When it comes to serious injury claims like yours, you just can’t be as effective as an experienced personal injury attorney. You don’t have the legal skills required to successfully pursue your claim, especially if a lawsuit is required.

As a “pro se” claimant your negotiation skills are limited. Insurance company claims adjuster are expert at leading victims to believe they are terrific negotiators, when in reality, that’s not true. And once the insurance company claims adjuster tells you that’s his or her final offer, your leverage is gone. At that point for you,

it’s

basically “take it or leave it.”

An experienced personal injury attorney can can employ tactics such as pretrial discovery, depositions, interrogatories, subpoenas for production of documents, and more.

Insurance companies don’t like lawsuits. They are expensive and cost them millions of dollars a year in legal fees. Rather than pay legal fees to defend a lawsuit, insurance companies do everything within reason to settle claims outside of court.

Fortunately, most personal injury attorneys do not charge any fees for initial office consultations. However, in cases where the client are out of state, many attorneys will be happy to consult over the telephone.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 26, 2016

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