Visitor Question

How long do I have to file a personal injury claim against a hotel?

Submitted By: Tracey (Lyndhurst, New Jersey)

I stayed at a hotel in New Jersey. I went into the bathroom and slipped on water that had leaked from the toilet. Management sent someone to the room to fix the leak. The next day I was in pain, my mom gave me her pain pills and they seemed to work.

I ran out of the pain pills on Saturday and now I’m in pain again. Over the counter medication isn’t helping me at all.

I’m wondering how long I have to file a claim against the hotel so that I can go to a doctor and get real pain medication? I can’t afford to pay for a doctor’s visit myself. 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 Tracey,

Normally the Statute of Limitations, or “time limit” for either settling a claim or filing a lawsuit is 2 years. That would apply in your case as well.

Before you file a claim you would be well-served to seek medical attention.

If you haven’t suffered much more than “soft tissue” injuries you really won’t have much of a case.

Soft tissue injuries are those where no bones are broken and no organs are damaged. Soft tissue injuries are those more like sprains, torn ligaments, cuts, abrasions, lacerations, and bruises – all relatively quickly healed.

If your injuries include a fracture or something more serious, your claim will be one which could be worth pursuing.

When you were injured, the hotel filed an “Incident Report” of some type. We know this because they sent an employee to clean up the spilled water.

With medical evidence of your injuries and an incident report from the hotel you will be able to begin the pursuit of your claim.

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: January 3, 2012

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