Slip and Fall Case on Hotel Grounds...
I was walking on a footpath on hotel grounds. The path had a puddle in which I slipped and fell, breaking my wrist. (It was caused by a faulty irrigation system).
I was taken to a hospital where I underwent reconstruction of my arm. I had severe swelling and pain and they put my arm put in plaster. I had to stay near the hospital for two days because of the swelling. I returned to the hotel for two days then had to revisit the hospital.
The hospital said I needed surgery. I flew back to the United Kingdom and underwent emergency surgery. A pin was inserted in my arm (surgeon said it was a very complex fracture). It was in plaster for 5 weeks and I had physiotherapy.
I lost considerable pay, had some disfigurement and loss of mobility (will cause early onset of arthritis). I've seen a specialist privately a couple of times. I also need further surgery to have a plate removed, and an operation to put a pin in a tendon, and possible pins in joints.
How much compensation can I expect as a result of badly breaking my wrist whilst walking on the slippery path in a hotel?
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ANSWER for "Slip and Fall Case on Hotel Grounds...":
Without knowing the amount of past and future medicals bills as well as the amount of lost wages it will be difficult to assess your expected compensation. Your injury was clearly serious. Because you mentioned you flew back to the UK for emergency surgery we will presume your injury occurred in the US.
Although each state has different laws governing personal injury lawsuits, it's safe to say there is a general manner in which insurance companies deal with injury claims.
It would be interesting to know who indicated the irrigation system was faulty. Whether the irrigation system was faulty or not makes a substantial difference in the hotel’s liability. If it can be proved the system was faulty the hotel will have a higher degree of liability. If it can not be proved, then you are left with slipping in a puddle, possibly not anyone’s fault.
Hopefully the hotel management attended to you and created an Incident Report. Relying on that Incident Report will be helpful to your case.
When negotiating with the hotel’s insurance company you will be at a distinct disadvantage. Under most circumstances if an injured party is a resident of the US and they are injured in the US they will be able to participate in the prosecution of a lawsuit against a third party. In your case, if you are unable to reach a settlement agreement, your only recourse will be to file a lawsuit in the US, and in the county in which you were injured.
Filing a lawsuit will involve lawyers, depositions, court hearings and the like. Unless you are willing to spend about a year or so in the States, you will not be able to effectively participate in your lawsuit. If that is the case, it is highly probable you will lose.
Your best course of action will be to assemble your bills and send copies of them to the hotel’s insurance company. Try and estimate your future medical bills as well. Multiply the total medical bills by three. Once you have that amount add to it the amount of lost wages and out of pocket expenses.
Add the totals and demand compensation in that amount. Doing so will follow the manner in which attorneys pursue injury cases on behalf of their clients.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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