Kaufman & Stigger, PLLC represents injury victims throughout Louisville. One of the most common places that you might face an accident that leaves you hurt is at one of the city’s many hotels. We know how tough it is if you or a family member gets hurt at a hotel, regardless of what caused it. We’re here to explain what you can do legally and help you hold the responsible parties accountable. Contact us today for a free consultation to talk about your options.
Should You Hire a Lawyer?
One of the most important questions you probably have is whether you even need a lawyer. There’s no legal requirement in Kentucky that says you have to need a lawyer. In fact, if your injuries are minor, you probably don’t even need to worry about taking legal action. But, if your injuries are more severe, or the hotel and others did something out of the ordinary that led to the accident itself, our team can help you. Here’s how we approach these cases:
- Examining the accident – We thoroughly investigate the accident, collecting evidence such as witness statements and videos to gain a full understanding of what happened.
- Explaining your legal options – We will discuss with you the legal avenues available, such as filing a claim or engaging with the hotel’s insurance company.
- Evaluating your case (damages) – We assess the extent of the injuries you have gone through (and will continue to go through), taking into account medical expenses, lost earnings, and emotional distress.
- Guiding through the claims process – A big part of our process is guiding you through paperwork, working with the insurance companies, and being there for any court proceedings
- Reducing your stress – More than anything else, we handle the legal aspects of your case, allowing you to focus on your recovery. Our aim is to reduce the stress the process can have on you.
Getting hurt at a hotel in Louisville is not what you sign up for when you stop in for a stay. Unfortunately, though, these types of accidents are quite common. That’s why it’s important to be prepared–and understand how the process works.
What Should You Do Following a Hotel Accident?
Accidents at hotels can leave you facing especially uncertain times. This is because, simply put, there’s a number of different things that can go wrong. Most of the time, though, hotel accidents involve the following types of incidents:
- Slipping and falling – Floors may be wet or uneven, or there could be things in the way, which can lead to sprains, breaks, or head injuries.
- Tripping – Objects left around or carpets in bad shape can make guests trip and get hurt, similar to slipping accidents.
- Water accidents – Some hotels have pools where people might slip on wet areas, have accidents diving, or even drown.
- Incidents on elevators or escalators – If elevators or escalators aren’t working right or aren’t kept up, people might fall or get stuck, causing different injuries.
- Poor furniture issues – Beds or furniture that aren’t in good condition might break or cause falls, hurting guests.
- Food poisoning – If the hotel’s restaurant isn’t careful with food, guests could get sick from bad handling.
- Criminal incidents – Sometimes, there might be assaults or robberies at the hotel, especially if security is lacking.
Across these accidents, what becomes important is your actions. Even with the law on your side in terms of being able to file a claim, an insurance company is probably going to try anything they can to pay you as little as possible. That’s why it’s important to do the following after the accident happens:
- Get to safety – Begin by checking yourself and anyone else involved in the accident for injuries. If there are any injuries, seek medical attention immediately by contacting emergency services at the hotel.
- Notify the hotel – Inform the hotel staff about the accident as soon as possible. They are equipped to handle emergencies and can offer assistance as required.
- Visual evidence – As with any accident, it’s important to get visual evidence at the scene. Usually, you’ll use your phone to take pictures and videos of the accident scene, including injuries.
- Exchange details – If other parties are involved, exchange contact and insurance information with them. This information will be necessary for processing insurance claims.
- Complete an incident report – Ask the hotel staff to fill out an incident report that outlines what happened. Provide a thorough and accurate account of the events leading up to the accident.
- Seek additional medical attention – Even if your injuries seem minor, it’s crucial to seek prompt medical care. Some injuries can worsen over time.
- Stay informed – Keep track of any medical treatments or repairs required due to the accident. Maintain communication with the hotel and insurance company to facilitate a smooth resolution.
Remember, every accident scenario is different, so trust your judgment in determining the necessary steps to take. Once your safety is ensured, you can consider potential legal actions.
Who’s Liable in a Hotel Accident?
Accidents or injuries at a hotel is typically considered a “premises liability” claim. The first step in these cases is figuring out who’s responsible for covering your damages. This is based on the fact that liability is determined by negligence, which, in this context, means:
- The hotel or others didn’t do their duty to keep you and other guests safe.
This could happen if the hotel didn’t fix known dangers or do things they were supposed to, like:
- Watching over kids in the pool
- Fixing broken elevators as soon as possible
- Making sure luggage is moved out of walkways
- Repairing broken security cameras
But depending on the accident, other people or groups might also be responsible:
- Hotel’s owner or management – The person or company that owns or runs the hotel is mainly responsible for taking care of the guests. If someone gets hurt at the hotel, the owner or management is going to carry at least partial liability.
- Hotel staff or employees – The people who work at the hotel could be in trouble if something they do or forget to do causes an accident. For example, if they don’t clean up a spill quickly and someone slips and falls, they might be responsible.
- Maintenance or security workers – Contractors hired by the hotel are supposed to keep things safe. If they don’t do their job well and an accident happens, they might be to blame. Like if they put up handrails wrong and someone falls because of it.
- Other guests or other individuals – People staying at the hotel need to be careful too. If something they do hurts someone else, they could be partially responsible for the damages. For instance, if a guest throws something from a balcony and hurts someone below, they could be held responsible.
- Product or food makers – If you get hurt because of bad food or something broken in your room, the company that made it might be at fault. Similarly, if you get sick from food with bad ingredients, the company that made the food could be to blame.
With so many potentially involved, liability can get murky. At the same time, it’s very important to figure out every liable party, because the way your case progresses and what you can get from a claim will depend heavily on this.
Claims Process and Damages in a Hotel Accident
There’s a lot of variety in the types of accidents and injuries that you can experience at a hotel. But what doesn’t change is your options. As an injury victim, you have the legal right to file a claim against whoever is responsible. Usually, this happens either by:
- Filing an insurance claim – This first step is to file a claim with the other party’s liability insurance carrier. They’ll investigate what happened and eventually offer you a settlement.
- Filing a personal injury lawsuit – If the settlement offer is too low, we work with you to file a personal injury lawsuit. We prepare a Complaint and bring it against the liable party (or parties) in civil court.
Deciding whether to accept the insurance company’s offer is totally up to you. Sometimes, it’s important to go through with a lawsuit to make sure all your losses are taken care of. These losses might include:
- Medical expenses – This will cover the costs of your medical treatment, including ongoing care needs.
- Lost wages – For any income or future earning potential you lose out on because of the accident, you can recover in a claim.
- Permanent injuries – In case the injury hampers your ability to work in the future, you may receive financial support to offset these potential lost earnings.
- Property damage – This covers any financial support for repairing or replacing personal belongings damaged or lost during the accident.
- Loss of enjoyment and companionship – These are for the emotional toll of being unable to participate in activities you love or spend time with loved ones due to the injury.
- Physical pain and suffering – These damages are built around the discomfort and anguish experienced as a direct result of the injury, both immediately following the incident and in the long term.
- Emotional distress and lower quality of life – You can also recover support for the psychological impact, such as stress, anxiety, or sadness, stemming from the injury and its effect on your overall happiness.
While the process can vary from case to case, it’s important to remember to be patient. But it’s also important to act quickly. In Kentucky, there’s a statute of limitations for injury claims, typically set at:
- One year from the date of the accident.
If you miss this deadline, you won’t be able to file a claim or recover damages.
Frequently Asked Questions
How long do you have to file an accident claim against a hotel?
One year from the date of the accident. This is the statute of limitations for injury claims in Kentucky.
Does it matter where the accident happened?
Yes. Depending on where the accident happened on the property, different management or others could also be involved.
How long does a hotel injury claim take?
This differs from case to case. Some can wrap up in months, while others drag out for years. But our team can make sure your case remains strong throughout.
Experienced Louisville Hotel Accident Lawyers
At Kaufman & Stigger, PLLC, our skilled Louisville hotel accident lawyers understand how impactful an injury can be. But when it happens because of a hotel’s negligence, it can be even more frustrating. Our lawyers can help you hold them accountable. To learn more about your legal options, contact us today for a free consultation.
