Wanting to sue a hotel for medical bills lost wages and pain and suffering due to no railing and where theres no railing they have a huge frontdoor size mirror that if i didnt try to catch myself on the wall it could have landed on me due to that ive sprine my ankle an may have tore ligaments happened march 31 an my foot still swollen an i cant move it left or right
That will be a difficult claim. You can consult with a personal injury attorney who can evaluate.
This answer is for information purposes only, and does not establish and attorney client relationship. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get location specific answers about the law.
As I understand it, North Carolina is a particularly tough state for slip and fall cases. If the personal injury victim is even just partially at fault, the case may be lost with no recovery. You should search out an attorney but may find it a bit of a challenge to find one to commit to the case. Good luck.
You should contact a PI lawyer in NC. He can guide you as to your rights. Some hotels have insurance policies that will compensate you for unpaid medical bills if you can prove you were injured on their property.
It is hard to know from the facts that you provide whether you have a viable lawsuit. That said, there are a few things that you can do. First, you should be getting medical care for your foot and you should be following your doctor's recommendations. Second, you should contact a personal injury lawyer in the state where the hotel is located. Most lawyers provide free consultations so you have nothing to lose - and much to potentially gain - by contacting an attorney. At a free consultation, the attorney can ask you questions and get the necessary information to help you understand and protect your rights. If you need help finding a lawyer, you can use AVVO's Find a Lawyer tool or you can contact the local bar association. I wish you the best of luck with your recovery.
I need more facts to give a final opinion, but based on what you submitted, this will be a difficult claim to bring. There may be building codes to address the railing issue which may provide for negligence against the Hotel operator, however North Carolina is a contributory negligence state. Contributory negligence would be a complete defense to the claim and given that the steps are open and obvious, it is likely that you would not be able to overcome that defense. Having said that, many businesses carry medical payments coverage which is a no fault coverage meaning that you may be able to receive compensation for your medical expenses up to the limit of the coverage which ranges from $1,000 to as high as $100,000. Finally, if the hotel has had many prior instances of injuries at the same spot, there may be enough evidence to cause the insurance company to offer some type of compromise settlement to avoid defending a law suit. You should contact a personal injury attorney of your choosing to discuss the claim in greater detail. Good luck.
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