My Family and I went on a vacation September 21Th. and stayed 4 days at a (name of business omitted). The first night I went to use the whirlpool and after 15 minutes got out and sat at a table next to the whirlpool for 15 minutes, when I started to get up and return to my room three of the legs on the chair I was setting in split from the seat, I reached for the table to stop my fall but it fell on me leaving bruises on my arm and I was cut on the leg from the seat of the chair. Also I have bruises on my back from hitting the floor. The motel manager offered to take me to Emergency at a nearby hospital and pay any medical expenses, but I declined. The manager offered a free 4 day stay for compensation which I accepted. now 3 weeks later I am still having problems with my back and my leg is still not healed. Is it to late to sue for pain and suffering?
You have a potential claim against the hotel. You are entitled to economic and non-economic damages. Economic damages are wage loss, medical bills and any out of pocket expense you incur because of your injury. Non-economic damages are pain and sufferring. Non-economic damages can be anywhere from 0 to millions of dollars depending on your injury. If you are still having back problems then you need to see a specialist.
If you are experiencing any pain that travels from your back to your legs, buttocks or hips then you may have a very serious problem. Likewise if your nec is hurts with pain that travels to youy arms, you may have a real problem.
Michigan premises liability law is very UNFAIR to people who are injured. We have to show tha the hotel new or should have known of the defect. There are many ways to do this. DON'T SIGN ANYTHING WITHOUT CONSULTING WITH A LAWYER
You have a ground for suit against the hotel. Given your description of your symptoms, you may have a more serious injury than you think and you should get to a back specialist, right away. Hopefully, you have not accepted anything or signed anything, yet. As Dan Romano (a fine Michigan lawyer, by the way), said in the post above, Michigan has a very restrictive premises liability law, but having a chair split as you describe, without prior notice to you of a defect, will probably survive against either the hotel or the chair manufacturer. Whether these claims are worth pursuing under our restrictive law depends upon the seriousness of the injury you suffered. I strongly recommend that you retain an attorney that specializes in Michigan premises liability cases. You can find one on this site, by Googling "Michigan Premises Liability Attorney", by looking in your local yellow pages, or by calling the Michigan Association for Justice in Lansing and asking for a referral.
If you didn't sign anything, it is not too late to sue. It is probably worthwhile to sue if you have medical expenses. A personal injury attorney will give you reliabile advice on whether it is worth it. The reason you can trust the attorney on that issue is because the attorney is paid on a contingency fee basis. Make sure that the attorney you select will be working on a contingency fee basis and that the fee agreement does not require you to pay for the expenses of the lawsuit, except by means of reimbursment out of the award or settlement.
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