The hotel insurance guy called me to verify the details of my incident report. Basically, my 3 year old fell and hit his head on an improperly installed door hinge, resulting in a laceration and concussion to him. The insurance guy wants the emergency medical reports and pictures of the hinge and my sons injuries. What are the disadvantages of sending them this information? Do I waive confidentiality of medical records or put them at issue by complying with his request? Is there a better way to get them to accept liability?
We missed out on 1/2 of our vacation and ended up in a series of doctors appointments as a result of their negligence. Not to mention the trauma my son experienced!
I would not send them anything, hire an experienced premises liability attorney to represent your son. You should write a statement as to how the accident occurred along with all the other details for your lawyer; take pictures of your son's injuries now and as they progress; pictures of the scene and get the contact information for any witnessses so that you are prepared to assist the attorney. Let the attorney deal with the hotel and their insurance adjusters and/or lawyers.
Never deal with an insurance company directly, or you could likely sabotage your good claim. You would need to retain a personal injury lawyer to investigate. Find a top-rated Avvo lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.
I am so sorry to hear that your family had to experience such negligence and further pain by the insufficient application of a door hinge. You certainly have a case here. I trust you have already had your son examined and seen by a medical professional? Do not speak to the insurance company without a local California attorney representing you. I would NOT send them a single thing and in fact I would not even speak to them again until you hire an attorney to ensure you are not taken advantage of and to ensure you get what you deserve for this pain and suffering.
I have won multiple cases related to business negligence in the past. Just like you, they suffered pain and suffering as well as trauma and even vacation phobia. In all of those cases the clients won large settlements that they likely would not have won without the representation of an experienced California attorney. It is in your best interests to not converse with them any further and certainly do not send them anything or sign anything until you have legal representation.
I urge you to contact a local California attorney today. You , your son and your family deserve appropriate compensation for this gross negligence.
There is a proper time, place, and procedure for providing a defendant with documents/evidence. When bringing suit (or beginning the process by filing a claim) for physical/bodily injuries, medical documentation will be necessary, but not immediately.
An experienced personal injury attorney will know when and how to present records and evidence. Doing so improperly can damage one's case. An experienced personal attorney will be able to understand the medical records and the injuries documented therein so as to be able to understand the full extent of the injuries suffered. For example, a child with a facial laceration may have problems with scarring - something that may not be such a risk for an old person. Scar treatment may be expensive - a factor that needs to be presented to the defendant so as to maximize the recovery.
Fortunately, many of us personal injury attorney types offer free consultations and take cases on contingency, so there is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
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