Would it be wise to hire a attorney to represent me after a slip and fall that happened in a hotel? 9 Answers as of August 25, 2015

Do I have a good enough case? Should I get an attorney to represent me after I hurt myself after slipping and falling in a hotel last year? The insurance company representing the place contacted me when this first started, and told me they would pay my hospital bills. Instead they put a spending cap on my hospital bills of $5000 and they also are telling me they do not owe me for any liability.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim ?comparative fault?, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answer Applies to: California
Replied: 8/19/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
That would be a yes.
Answer Applies to: New York
Replied: 8/25/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Simple stumbles, bumbles and falls are hard to prove negligence. You must have good photos of whatever caused you to fall. Uneven concrete, torn carpet, chronic ice machine water leak etc. Without good visual proof, your case will likely fail. Also, with limited damages less than $25K, suing the property owner is too expensive to risk the time and fees. Juries are quick to blame the victim unless they see a long ignored danger.
Answer Applies to: Montana
Replied: 8/18/2015
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
You should talk to an attorney about the case.
Answer Applies to: Alabama
Replied: 8/18/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes; but it sounds like you can't prove the hotel was at fault. Good luck.
Answer Applies to: Alabama
Replied: 8/18/2015
    Ty Wilson Law | Ty Wilson
    You appear to have answered your own question. Now the hotel is putting limits on what they will do, that is likely because they have been speaking with you and either realize you have not secured any evidence to prove they did anything wrong or that your injuries are not as severe as they initially thought. Regardless you may have a difficult time finding an attorney to take on your claim. There are things that can damage a claim to the point where hiring an attorney after the fact will not provide you any benefit. I am sorry to hear of your loss, however if you think you need an attorney it may be too late. Regardless of that fact you should reach out to one today. Good luck.
    Answer Applies to: Georgia
    Replied: 8/18/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    What do you think? As to whether or not you have a valid case, you never said how you slipped and fell; what caused it; how long it was present before you slipped; whether or not it was visible; whether or not there were witnesses.. The "spending cap" is based on the fact that the insurance policy will only pay up to $5,000 for medical bills. You want more? You obviously have to sue!
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is impossible from the information which you are provided to determine whether or not you have a good case and would be able to reasonably anticipate further compensation, or even full payment of your medical bills. You therefore really should be seeing an attorney to determine what the proper course of action is. These cases are very fact dependent and therefore no valid opinion can be given without full knowledge of them.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You should have a lawyer. If you win you will get far more than medical bills. You must establish that the hotel should have known of the defect and had a reasonable time to remove it.
    Answer Applies to: Connecticut
    Replied: 8/18/2015
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