frequently asked questions
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Is it Okay For Me to Speak With the Hotel After My Injury?

Yes – in fact, you should report your injury to hotel management, as this can protect your legal rights. If your injury was caused by negligence and you want to file a personal injury claim against the hotel, documentation will be critical during the legal process. 

However, be mindful of what you say to hotel staff members. It is best to simply report the accident and injuries while avoiding any admissions of fault or speculation about the cause of the accident. Even if you are later found to be partially at fault, Nevada’s modified comparative negligence law states that you may still seek financial compensation, as long as you were less than 51% responsible for your injuries.

Many hotels dispatch a security officer to investigate the incident and document it through evidence like photographs and witness statements. You should request a copy of this report from management.

The Hotel Wants Me to Sign a Document After Investigating My Injury. Should I Do It?

Although it is important to communicate with the hotel to report your injury, be wary of signing any documents. The hotel may ask you to sign a document that could jeopardize your chances of securing fair compensation. 

For instance, they may ask you to sign a document admitting partial fault or agreeing to a settlement. In most cases, this settlement amount will be far below what you could potentially receive by filing a personal injury claim against the hotel. This is why it is best to avoid signing anything without first consulting with an experienced Las Vegas hotel and casino injury lawyer.

Can I Just Try to Work This Out With the Hotel’s Risk Management Department?

Following a guest injury, some hotels may attempt to resolve the matter in-house through the risk management department. Although it may be tempting to agree to a settlement with this department, remember that their goal is to limit hotel liability as much as possible. This means that if they attempt to offer a settlement, it will likely be far below the true amount of damages for your injuries. Working with a dedicated Las Vegas hotel injury lawyer is the best way to fight for the full financial compensation you deserve and avoid low-ball settlement offers.

Why Do I Need to “Call Today?” Can’t It Wait Until My Vacation Is Over?

Victims of hotel injuries caused by negligence should explore their legal options as soon as possible. Although Nevada has a two-year statute of limitations (NRS 11.190) for most personal injury claims, it is important to act quickly to ensure that your attorney can gather all necessary evidence for your claim. Your attorney will contact the casino about preserving evidence like surveillance videos and reports, which can be deleted or disposed of if you wait too long to take legal action.

They Offered to Send Me to the Hospital in an Ambulance, But Won’t Pay For It. Why Not?

A Las Vegas hotel might call an ambulance following your injury, but they will not pay for it or any of your other medical costs unless you take legal action against them. If you file a lawsuit and have sufficient evidence of negligence, your lawyer may be able to negotiate a settlement that covers all medical expenses and other damages related to your injuries. 

If you have been injured in a hotel, you should seek medical care right away. Although the costs may not be covered upfront, they may be reimbursed if you file a successful personal injury claim for damages. Prompt treatment is key both for your health and your legal rights, as filing a claim can be more difficult if you delay medical care.

I Don’t Live in Las Vegas. Can I Still Pursue a Claim Against a Las Vegas Hotel?

Las Vegas is one of the largest tourist destinations in the United States and many of the hotel and casino guests who suffer injuries are from out of town. Fortunately, you can still file a personal injury claim even if you are not a Las Vegas local. You simply need to seek guidance from a hotel and casino injury lawyer who is licensed in the State of Nevada.

At the Cottle Firm, many of our clients live out of state. In many cases, we can handle the legal process without our clients needing to return to the state. The only exception may be if your case needs to go to trial, but most personal injury claims are settled out of court.

I’m Not From Here and I Don’t Know Where to Go to Receive Care For My Injury

Prompt medical care is critical for both your physical health and your legal rights when pursuing a potential legal case following an injury at a Las Vegas hotel or casino. Seeing a doctor soon will give you peace of mind, allow for a smoother recovery, and document that the injury took place. 

If you are from out of town and do not know where to go for treatment, call the Las Vegas hotel and casino injury lawyers at the Cottle Firm right away. We can help you coordinate a visit to well-regarded local medical professionals, regardless of whether you have health insurance.

How Long Will My Case Take to Settle?

Claims are generally settled after an attorney sends a demand letter to the insurance company for payment. This demand letter must include all relevant information and evidence related to the injuries to justify the amount requested in the settlement. 

Claims are typically filed between 30 days and 60 days after the injury victim is discharged from their most recent medical evaluation. After your lawyer is provided with all relevant medical records, verification of lost income, and other documentation, they prepare and send a demand to the insurance company.

The insurance company must respond to the demand within 30 days. They must either offer a settlement or request an additional 30 days to respond to the demand. After the company has all the necessary information, it will make a settlement offer. Your attorney may make a counteroffer, and this negotiation process will continue until both sides agree on a settlement. The timeframe for this process may vary depending on the circumstances of your case.

How Long Will It Take to Get My Settlement Check?

Once a settlement agreement has been reached, the insurance company will send you a written release to sign before they issue a settlement check. After you provide the release, the insurance company usually provides the check within 10 days, but this can take up to 30 days. Once the check is deposited, the bank is allowed to hold the check for 10 days to ensure that it clears before releasing the funds.

Settlement checks are deposited into an Attorney’s Trust Account, and individual checks for clients are paid from that account. You will receive a detailed written accounting of each dollar deposited into and withdrawn from the Trust account for your settlement.

The timeframe from your discharge from your last treating physician to payment can take anywhere from 30 to 90 days depending on numerous factors. Your attorney will do everything they can to expedite the process, and you can also do so by providing all necessary documentation and signing all documents as soon as possible.

Liens for medical doctors and demands for reimbursement from health insurance companies can also contribute to this timeframe. This process typically begins at the time of discharge, once all medical bills and payments have been calculated. Doctors and insurance companies can sometimes delay this process if they refuse to return phone calls or respond to requests for accounting or reductions.

Will I Be Compensated For Time Lost at Work?

When someone suffers a personal injury due to negligence and is forced to miss time from work, their lost wages are recoverable damages in a personal injury claim. Claims for lost income are calculated by multiplying the number of hours you missed by your hourly rate. 

If you were self-employed at the time of the injury, your lost income is calculated as the reasonable value of the time you lost from work or actual losses as shown by your reduced income during the time you were injured.

If you are going to seek compensation for lost income, you must request verification from your employer. At the Cottle Firm, we can provide a form for your employer, which they can sign under oath to verify the losses you suffered while recovering from your injuries.

What Happens If I Still Have Pain After Treatment?

When you are discharged from your last medical appointment, you are considered to be at maximum medical improvement. This does not necessarily mean that you are pain-free: it simply means that your doctor cannot help you recover any further. If you continue to have significant pain, we advise speaking with your doctor, who may refer you to a specialist.

Medical treatment for your injuries is one of the most important aspects of your claim. You may need to undergo additional testing to diagnose other medical conditions that were not apparent immediately following the accident. All injuries must be discovered so that you can receive the medical care you need for recovery and seek the maximum compensation for your injuries.