What Happens if You Wait Too Long To Sue a Hotel After an Injury/Accident?
If you wait too long to sue a hotel after an injury or accident, you may lose your legal right to do so. This is because of a legal deadline for such lawsuits known as the 'statute of limitations.' This deadline sets the maximum amount of time you have to file a lawsuit after an incident has occurred, our Orange County personal injury lawyer says.
What Is the Statute of Limitations for Suing a Hotel in California?
The statute of limitations for a hotel injury lawsuit depends on the state and the claim being filed. For instance, in California, the deadline for personal injury claims in general, including those against hotels, is two years from the date of the injury or accident. In other words, you must file a lawsuit within two years of the incident to preserve your legal right to recover damages.
Can I Still Sue If the Statute of Limitations Has Expired?
Yes, there are some exceptions to this general rule. For example, let's say the injury was not immediately apparent. In that case, the court might extend the deadline for filing such a lawsuit.
Since the statute of limitations varies depending on the specific circumstances of your case, it's best to consult an experienced personal injury attorney to determine the exact deadline that applies to your situation. You should consider consulting a lawyer even if you feel that the deadline for filing a lawsuit for your specific case has expired; the attorney may be able to convince the court to extend the statute if you qualify for an extension.
How Soon After an Injury Should I Inform the Hotel Management?
Failing to inform the hotel management as soon as possible is one of the biggest mistakes some victims of hotel accidents make. Doing so could seriously jeopardize your chance of obtaining a favorable settlement for your injuries.
And that's not the only reason.
You should report the incident to the hotel staff, including the front desk, manager, or security personnel, and provide them with a detailed account of what happened.
The hotel is usually responsible for providing medical assistance or calling emergency services if necessary. If you do not notify them immediately, you may not receive the medical attention you need, risking your health and well-being.
Additionally, reporting the incident promptly ensures that the hotel takes appropriate steps to prevent similar incidents from happening to others. Think of a slip and fall accident as an example; if you notify the hotel immediately, they will likely take the appropriate steps to warn other guests about the slippery floor or any other dangerous condition that caused your injuries.
Reporting the incident also creates a record of the incident. This record can be useful if you decide to pursue legal action later on.
While at it, you should document as much information about the incident as possible. Some of the information you will need includes but is not limited to the following:
- the date and time of the incident;
- the exact location of the incident;
- the type of injuries sustained;
- photos or videos of the dangerous condition and the injuries sustained (if external); and
- names of any witnesses.
This kind of information could be helpful when you pursue an injury claim against the hotel or a third party responsible for your injuries.
How Can a Case Barnett Law Attorney Help In a Lawsuit Against a Hotel?
If you're considering taking legal action against a hotel for your injuries, consult an experienced personal injury attorney at Case Barnett Law. Here is how our attorneys can help:
Our attorneys have over 17 years of experience handling personal injury claims in Orange, Los Angeles, San Diego, Fresno, Ventura, Santa Barbara, San Bernardino, Riverside, Imperial, and Kern counties. As a result, we can guide you through the legal process of filing a lawsuit against a hotel or any other third party responsible for your injuries.
When we take on your case, we will conduct thorough investigations into the circumstances that led to your injuries and gather crucial evidence to build a strong case against the other party.
Once we've built a strong case, we can negotiate directly with the hotel or insurance company to reach a fair settlement outside of court. But if they refuse to settle or cooperate, we can represent you in court, presenting your case to the judge or jury.
Our attorneys can also help you understand your legal rights and options. Then, we will ensure you receive fair compensation for your injuries, such as medical expenses, lost wages, pain and suffering, and other damages. Keep in mind that the specific damages you may be able to recover will depend on the unique circumstances of your case.