QUESTION
About how much settlement should I ask if my daughter slipped and fell in a hotel's bathroom?
Asked on Jul 28th, 2013 on Personal Injury - Michigan
More details to this question:
While staying at a major upscale hotel my daughter slipped and fell while showering. She fell out of the shower and onto the toilet which broke away from the floor. She sustained a laceration on her left forearm, 7 stitches, and an A/C separation left shoulder, which will be a permanent injury and not serious enough for surgery. She was in town competing in the Junior Olympics Volleyball and was unable to play last day of competitions. Also was unable to attend several scheduled VB camps with colleges that are considering her for scholarship. I'm afraid this may have hurt or limited her scholarship opportunities as well as ruining her summer plans. Everything was well documented and the Hotel insurance company has been in contact with me. I am considering trying to settle this on my own but not sure what to ask for in terms of scarring, missed opportunities etc. Her medical bills were not that much, approximately $2000. I am also concerned about the shoulder injury and her future as an athlete. I would appreciate a ball park figure.
13 ANSWERS
It is very unlikely that an attorney will give you a “ballpark” number of what you should seek by way of damages in this case. Much depends upon your daughter, what she was doing at the time of the accident, the condition of the bathroom, and your daughter’s long-term damages. For these reasons, an attorney asked to provide a “ballpark” number probably cannot do so in good conscience. For these reasons, you are advised to contact an attorney and not handle this yourself. Your daughter is a minor and your decision may affect her long-term health and financial future. Good Luck!
Answered on Mar 19th, 2017 at 5:52 AM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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I would demand $50,000 to start. If you pursue the claim , you will have to retain an expert physician to testify her injuries are permanent.
Answered on Aug 02nd, 2013 at 9:08 PM
Monica Cecilia Castillo-Barraza
In California, a minor has until one year after age 18 to file a lawsuit. This may provide you time to assess future damage, if any.
Answered on Aug 02nd, 2013 at 9:07 PM
Thomas Edward Gates
You are over your head in trying toe settle this on your own. Based upon the minor medical costs, the case is not worth much. The future "missed opportunities" do not come in play with any significance to assist you in your demand.
Answered on Aug 02nd, 2013 at 9:07 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Did you stitch her up on your own, or did you have a doctor do that? Did you determine that the A/C separation will be permanent, or did the doctor? Did you determine that surgery is not warranted, or did the doctor? Who do you think has more experience at settling claims, you or the hotel insurance company claims adjuster? How do you know what damages are compensable? How will you contend liablity? If the claims adjuster wants a recorded statement, will you agree to it, and if so what advice will you give your daughter as to how to handle it? You are considering trying to settle this on your own? Consider otherwise.
Answered on Aug 02nd, 2013 at 9:07 PM
Your concern for your child is admirable. More so if you pause to recognize the full extent of her situation. As you have noted, her actual medical bills are rather minimal. You seem uncertain on the need for surgery. That point alone means you are probably considering settlement options too early. I would encourage you to engage qualified and experienced counsel to represent your daughter. The insurance carrier for the hotel has as its bottom line the interests of its shareholders, not the full and fair compensation for your daughter. Protect your daughter's interest fully by obtaining counsel to act on her behalf.
Answered on Aug 02nd, 2013 at 9:07 PM
You need to go and personally see several personal injury attorneys in the area to see what they think after you give them more details.? They will be reluctant to give you a figure but on line there is even less f a chance because to make an educated guess we would need to know more information.
Answered on Aug 02nd, 2013 at 9:07 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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There are way too many variables to provide an answer.
Answered on Aug 02nd, 2013 at 9:07 PM
First, you will need to establish that the hotel was somehow negligent or careless. If you can do that, the settlement value will increase. If not, the insurance company will not offer you much. You also need to evaluate the long term injury, even if it does not require surgery. Get a good economist to value and calculate the lost scholarship damages. Typically, you would want 2-3 times the total of medical bills, but in this case you should consider much more compensation due to lingering side effects and damages.
Answered on Aug 02nd, 2013 at 9:07 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't think you have much of a case. Sure she fell, but why? Had she been drinking? Was she overly tired from practice? Was there something wrong with the way the bathroom was constructed? If so, how many other people have been injured because of the faulty design? And as for damage to her career, how can you prove what she would have made? Is she nationally ranked? Or is she just very good in her locale? Based on her medical bills, take anything at $5000 or over.
Answered on Aug 02nd, 2013 at 9:07 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan you would need to prove the hotel was in some way negligent to make any recovery under their general liability coverage. The mere happening of an occurrence, without negligence, would not give rise to liability. If there is concern for the future, it would be best to get a consultation with the appropriate medical specialist so as to get a clearer picture on any future surgery, disability, restrictions, prognosis, etc. This would allow a more complete analysis re: value. Further, in Michigan, your daughter would have until 1 year after her age of majority (current age of majority is 18 in Michigan) to state the claim/file suit. So you could also wait to see how she does in the next few years before making the claim and you/the doctors may know more about the likelihood of any future problems with the injury.
Answered on Aug 02nd, 2013 at 9:06 PM
Ronald A. Steinberg
Ball park figure: get a lawyer. You have a lot of nerve to act as a lawyer for your daughter when this is not what you do for a living. As a lawyer, I would not represent my own wife when she slipped and fell on an unpainted handicap access ramp. I referred her case to another lawyer to keep professional distance.
Answered on Aug 02nd, 2013 at 9:06 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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What you haven't said is how the incident occurred. What made her fall? Why is the hotel negligent? Was she dancing in the shower? or was the tub floor so slippery that it caused her to fall? Unless you are looking for a nominal settlement of $5000 to $10,000, you should hire an attorney right away. What you need to do is get an expert to inspect the tub and conduct a friction test to see if the tub floor meets industry standards or was unreasonably unsafe. If it was below standard, you may have a large case depending on the consequences to your daughter?s VB career. I say do this right away because you would want to get permission or file a lawsuit immediately so that a friction test can be conducted immediately.
Answered on Aug 02nd, 2013 at 9:06 PM