Slip and Fall at a hotel outside of chicago

[julie88999]

What is the name of your state (only U.S. law)? IL


What is the name of your state (only U.S. law)? IL

My mother was walking to her car and tripped on uneven pavement at an upscale hotel just outside of Chicago. She broke her hip and was hospitalized for 8 days and in addition she had surgery done on her hip. Physical therapy will take place for at least 2 weeks and as of right now there is no way of knowing the long term consequences in regards to her walking or being pain free. I should also mention that there were no witnesses to the fall. Now to the questions:

1) The pavement was uneven where she tripped and I would say the sidewalk that she tripped on one slab was about 1/2 inch higher than the next one. I know uneven pavement exists everywhere and my concern is that since the pavement wasn't significantly uneven she might be less likely to get any kind of large judgment or settlement. It was uneven and I'm almost certain this is what caused her fall, but again it wasn't like the pavement was 2 or 3 inches higher than the next slab. I guess the question is would this cause of her fall be significant enough to proceed with a lawsuit??

2) Would most attorneys take this case with a straight 1/3 commission without billing for costs? For example, lets say she got a $30,000 settlement, would most attorneys take $10,000 and that would be it or would they also want to be reimbursed for costs like picture taking, expert analysis, etc..??

3) IS it likely the if she fills out an accident report (she hasn't yet) that the insurance company would offer to pay her medical deductibles and maybe offer her a small settlement like $10,000 without her going through an attorney? I understand it would be more prudent to go through an attorney, but if I talk to a few attorneys and no one wants the case I'm then wondering if the insurance company might settle for a small amount in return for not having the risk of an attorney coming in and possibly hitting them for $50,000 or morre. In other words, do insurance companies want to try and settle for a small amount right away so you will stay away from an attorney which could really be costly to the insurance company once an attorney gets involved? Again, I would rather go through an attorney, but again I'm not sure if this would be a strong enough case.

4) Should I have my mother fill out the accident report now which is a few weeks after the fall or should I wait to see if she hires an attorney? I didn't want her filling out a report at the time of the accident since I felt there was no benefit to her and in addition she was in severe pain. Of course, no insurance company can contact her if they have no record of the fall so I'm wondering if she should file one. I would be interested to see what they would offer her if anything at this point which is why I'm kind of leaning to her filling one out.

5) Finally, is it likely the hotel has insurance to cover something like this and even if they weren't negligent and we have a weak case, is it likely that we could still expect to have her health insurance deductibles paid for or even the hospitalization itself paid for by the hotel's insurance company?


To summarize my mother tripped on uneven pavement that was not significantly uneven and there were no witnesses, but she did indeed suffer a severe injury. Does she have a strong case for a signicant settlement or is this a case that you should just be grateful to get your medical bills paid for?

Thanks

[justalayman]

1)again it wasn't like the pavement was 2 or 3 inches higher than the next slab. I guess the question is would this cause of her fall be significant enough to proceed with a lawsuit??

was the walk in disrepair?

2) Would most attorneys take this case with a straight 1/3 commission without billing for costs? For example, lets say she got a $30,000 settlement, would most attorneys take $10,000 and that would be it or would they also want to be reimbursed for costs like picture taking, expert analysis, etc..??

no

3) IS it likely the if she fills out an accident report (she hasn't yet) that the insurance company would offer to pay her medical deductibles and maybe offer her a small settlement like $10,000 without her going through an attorney?

what? this happened how long ago? Why has a report not been filed yet?

4) Should I have my mother fill out the accident report now which is a few weeks after the fall or should I wait to see if she hires an attorney? I didn't want her filling out a report at the time of the accident since I felt there was no benefit to her and in addition she was in severe pain. Of course, no insurance company can contact her if they have no record of the fall so I'm wondering if she should file one. I would be interested to see what they would offer her if anything at this point which is why I'm kind of leaning to her filling one out.

well, now you are in a position of the hotel denying the injury even took place at the hotel. What proof do you have?

5) Finally, is it likely the hotel has insurance to cover something like this and even if they weren't negligent and we have a weak case, is it likely that we could still expect to have her health insurance deductibles paid for or even the hospitalization itself paid for by the hotel's insurance company?

never expect.


To summarize my mother tripped on uneven pavement that was not significantly uneven and there were no witnesses, but she did indeed suffer a severe injury. Does she have a strong case for a signicant settlement or is this a case that you should just be grateful to get your medical bills paid for?

Thanks[/quote]

[Antigone*of*Greece]

There is no way anyone will ever believe that your mom fell at the hotel. Since no one insisted on filing an incident report it looks highly suspicious that you are looking to file it now, weeks later.

I smell someone who is lokking for another with deep pockets. What you need to know about someone with deep pockets is this: They have way more resources available to them than you.

[julie88999]

First, an ambulance was called to the scene which provides a record of where the fall took place. Second, my mother was in too much pain and 5 minutes after breaking your hip I would think most people are more concerned about medical attention instead of filling out papers.

[justalayman]

Originally Posted by julie88999

First, an ambulance was called to the scene which provides a record of where the fall took place. Second, my mother was in too much pain and 5 minutes after breaking your hip I would think most people are more concerned about medical attention instead of filling out papers.

I can understand that but:

why has nobody subsequently contacted the hotel? Was the hotel personnel even notified of why an ambulance was showing up on their doorstep? Did they even know the ambulance was there?

Do they have any knowledge of your mothers accident at all?