If you were recently harmed in an accident at a hotel, you may be eligible to file a personal injury claim. By filing a personal injury claim against the hotel, you may be able to receive compensation for the injuries, lost wages, and suffering the accident caused.
Although the idea of filing a claim may be daunting, it doesn't have to be. Your best option when seeking compensation is speaking with a personal injury attorney, who will analyze your case and take the legal stress out of the equation. However, you can also begin the process yourself.
The first step in filing a claim in a hotel accident is sending a demand letter to the hotel’s insurance company. Demand letters are used to a) provide an in-depth account of the accident, b) list any injuries, medical expenses, and lost wages, and c) demand a specific amount of compensation.
Sample Hotel Accident Demand Letter
Well-written demand letters follow a precise format, include all information necessary, and use a professional tone. To be sure your letter fits these criteria, follow the sample below.
[Your Name]
[Your Address]
[Your City, State, and Zip Code]
[The Date]
[Name of the Claims Adjuster]
[His or Her Job Title]
[Address of the Insurance Company]
[City, State, and Zip Code of the Insurance Company]
Re: Your Insured, [Name of the Defendant]
Claimant: [Your Full Legal Name]
Claim Number: (only include this if a claim number has already been assigned and you have received correspondence on the matter)
Date of Loss: [Date of the Accident or Incident that Caused Your Injuries]
Dear Mr./Ms. [Name of Claims Adjuster]
In reference to our prior discussion on September 6, 2015, I present this letter as my official request for compensation following the injuries sustained at your insured, Residence Inn. Not only did these injuries cause me extreme pain, but I am still coping with their repercussions today.
As you are aware, I was washing my hands in the hotel lobby when the light above the restroom sinks came unhinged, falling and hitting me in the head. After investigation of the improper installation of these light fixtures, it is clear that proper maintenance could have prevented this accident. This negligence places Residence Inn at fault for the accident and, subsequently, my medical bills, lost wages, and suffering.
On the morning of July 2, 2015, I had just finished checking out of my Residence Inn hotel room when I decided to use the restroom in the lobby. I was washing my hands in the center sink when I heard a creaking over my head. Before I had time to register what I was hearing, the wrought iron light fixture above the sink had fallen, hitting me in the head. The impact not only caused me immense pain, but also forced me backwards to hit my shoulder and neck on the opposite sinks. The last thing I remember is yelling for help before I fell unconscious on the bathroom floor.
Shortly after, I was discovered and immediately taken by ambulance to Arnold Lewis Emergency Hospital, where I was seen by Dr. Susie Mortemer. After performing an MRI and an X-ray of my shoulder, Dr. Mortemer diagnosed me with a severe concussion, a fractured skull, and a dislocated shoulder. I was told to stay home for one month to allow my head and shoulder to recover. In addition, I was prescribed [name the medication] for the pain.
Here are attached my medical bills, which further outline the cost of my treatment.
Ambulance: $387.00
Arnold Lewis Emergency Hospital: $572.00
Dr. Susie Mortemer: $441.00
MRI: $230.00
X-ray: $374.00
Prescription Pain Medication: $101.00
TOTAL: $2,105.00
During my month medical leave, I was deprived $4,100.00 of pay from my position of Executive Editor at John Hancock. Due to my inability to function during this period, I suffered (and still cope with) a severely lessened quality of life. It is for these reasons that I am demanding compensation in the amount of $16,000.
I hope to receive a timely response in no later than 30 days from the date of this correspondence.
[Your Signature]
[Your Name – printed]
Note: the amount you demand for compensation should exceed the sum of your expenses. This allows you to negotiate later on in the process while helping insure coverage for all basic costs.
Hotel Injury Compensation
If you’re injured at a hotel and you want to file a claim against the hotel, you will need to show that the hotel was negligent. In order to receive hotel injury compensation, you need to show that the hotel breached their duty to you and that breach is what caused your injury. If you can show that you were injured because the hotel failed to meet their obligation to you as a paying guest then you may receive hotel injury compensation.
What Is the Hotel’s Obligation To Guests?
A hotel legally has a duty to exercise reasonable care in operating its business and must take reasonable action to protect guests from injury and harm. Some of the things that hotels must do at a minimum to protect their guests are:
Maintain All Hotel Amenities and Equipment
The amenities that the hotel offers must be safe for all guests. That means that the hotel must do things like regularly clean the pool and maintain it, make sure that all outdoor areas have chairs that are in good repair and aren’t going to cause injury, and make sure that elevators are working properly.
Maintain Safe Rooms
You have a right to expect to be safe in your hotel room. That means the hotel must have doors and windows that lock. The windows must fit tightly and be in good repair. Carpets can’t be ripped or in any way create a tripping or falling hazard. Bathrooms must be clean and there must be reasonable care taken to prevent slips and falls in the bathroom.
Operate With Reasonable Care
Reasonable care means that hotels must clearly mark any floors that are wet from the weather or being mopped. They must maintain the sidewalk and any pavement walkways in the parking lot or on the hotel grounds. And they must keep the property free of snow and ice.
How Do I Sue A Hotel For Injury?
A hotel has a responsibility to maintain a safe environment for guests and visitors. If you have suffered an injury because of the negligence of the hotel, you can file a claim against the establishment to recoup compensation for your damages.
You should report the injuries you suffered as quickly as possible. Be sure to gather evidence and documentation, such as photos of the accident scene and statements from witnesses. Report the incident so an accident report can be completed.
Seek medical attention right away, so the injuries can be documented. Keep copies of medical records, medical bills, prescription records, and physician notes. Also, document missed work and lost wages.
There is a statute of limitations, which is a limited time, for filing a personal injury claim after suffering a slip and fall accident.
This time can range from one-year to three years depending on the state in which the accident occurs. You should make sure your claim is filed within that time frame. Otherwise, your claim will be denied and you cannot recoup compensation.
A personal injury lawyer can help guide you through the accident injury claims process. An attorney is familiar with the applicable state and federal laws, so you can rest assured that supporting documentation will be gathered and that all paperwork is filed within a timely manner.
Personal injury lawyers are compensated when you win your claim and recoup compensation for your damages. You do not need to pay upfront.
Seeking Help from an Attorney
While writing a demand letter is possible on your own, there is no substituting the legal advice of a personal injury attorney. Not only can they guarantee your letter’s quality, but they can guide you through the remainder of the claims process while fighting for the compensation you deserve.
If you are interested in filing a personal injury claim, speak with an attorney today.
