Should I Close Out a Personal Injury Case with Marriott Liability Insurance or should I be claiming more?

by admin on July 20, 2010

Last year my mom slipped on black ice and did a free fall on her back in a Marriott parking lot, while she was staying there for business. As a result she was taken to the emergency room. Since she was there on business her employer’s workers compensation kicked in and has covered all medical bills, physical therapy costs, etc. A year later her back is still giving her pain, 2 of her discs have been dislodged according to test results. She is still scheduled for more tests to be done. Marriott Liability insurance people have contacted my mom and want to pay for the expenses incurred due to the accident so that they can close the case. So they asked my mom how much out of pocket expenses she had incurred. My mom told them she did not have exact figures but that she had purchased some exercise equipment for about 0. They said they would pay her 0 if she wanted to close the case and have a check mailed.

What should my mom be claiming?

Should she wait to close the case?

What happens if my mom loses her job for some reason, will workers compensation continue to pay if there continuing medical expenses? If so, how long will they pay?

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{ 4 comments }

randall flagg July 20, 2010 at 2:42 pm

I wouldn’t take the money. In the short run $750 is a short amount of money, and if you can do without, wait it out. Who knows what kind of recovery your mom will have? If there was negligence by the hotel, and your mom becomes unable to provide for herself, then there’s liability and damages to be paid. If not, and your mom recovers, then you can wait a while longer, and see if there are no more medical expenses. One thing is for sure, if you settle now, any expenses or damages that your mom might be entitled to will be gone. I say wait.

laughter_every_day July 20, 2010 at 2:42 pm

Get a lawyer. Any settlement would include money for future medical expenses, inconvenience and pain and suffering. However, the ability to successfully negotiate a settlement would depend on who was more likely to prevail at a trial. If she noticed the ice, then it is likely that she is at least 50 percent at fault and that would reduce the liability, but right now they re offering chump change. Furthermore, if she gets anything, she might have to repay the workers comp folks. Talk to a lawyer.

jackson July 20, 2010 at 2:42 pm

I am no lawyer but…………

I would be careful about the whole exercise equipement thing. Marriott might say she just made he condition worse by using it. But I suppose her docter has cleared her for it…… but still.

The problem with back injuries is they can get worse over time? What if she is out of work for some time because she needs surgury? What if she no longer can work at all?

The workmans comp thing I am not totally sure about but I did used to moonlight as an insurance investigator. If someone was injured they would GET A LAWYER and negotiate a settlement through the employers insurance company and recieve a very nice monthly check. We are talking hundreds of thousands of dollars.

Our job was to check on people who were recieving a few thousand a month and see if they were hauling huge loads of groceries or something. Or working on the side. Settlements do not say you can’t work at all you just have to do something different.

Don’t take me wrong because many people do honestly need the settlement. If you can’t work you can’t work. Or again back problems can last forever. Point is how much you get in order to take care of yourself or even money to go back to school to learn something else, losing your job, pay cut for doing something else may be included. But that has to be negotiated.

She MUST speak to a lawyer especially if she is just wondering about $750. She will be very sorry later in regard to her workmans comp and the hotel if she does not hire a lawyer.

lucy July 20, 2010 at 2:42 pm

1st off this is WC, (workers compensation) not a personal liability claim. You need some answers.
1; SOL (statue of limitations) in your state
2; what you can claim
3; how long does WC pay for any medical bills? they may have a time limit; ie; 1 year or until a doctor says patient at MMI (max med improvement)
Talk to a WC lawyer to find out your rights. My husband who is a lawyer will not touch WC since they pay so little due to state statues. The rules are different from state to state.
Even tho she has 2 disc dislodged and other tests to be done, maybe difficult to prove that it was not preexisting prior to fall so would not be covered.
Have your mom get some legal answers 1st before she decides to settle. Once she receives the check, her claim is over forever and she cannot come back later for more;
Even tho my husband is a lawyer, it is not a guarantee she will receive more money. even if they pay more, her cut might be less if she has a lawyer, since the lawyer is entitled to his fee. most lawyers will have 1 free consultation. then she can decide if it would be in her best interest to hire or not. If found she needs future treatment and/or surgery, do not, repeat do not settle at this time.

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