Hotel Injury Lawyer

While modern hotels typically maintain reasonable standards of safety and cleanliness, it can be challenging when many guests check in and out daily. Florida received about 118 million tourists in 2021, which, of course, doesn’t include locals that use one of more than 3,000 hotels and motels for pleasure or for business trips. It is almost inevitable that some accidents and resort injuries will occur and it might not be anyone’s fault.

However, when an accident occurs in a Miami hotel because of negligence and a hotel guest sustains injuries, they have the right to seek compensation. Nevertheless, proving liability isn’t easy and, therefore, if you or a loved one are injured, you need a hotel injury attorney in Miami.

The last thing you expect when on vacation is to get hurt. Unfortunately, accidents do happen in hotels. Contact Diamond Law Miami for more legal advice.

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Types of Incidents That Occur at Miami Hotels

Diamond & Diamond hotel injury lawyers have handled several negligence cases in modern hotels in Miami and other parts of Florida. Many involved serious injuries, while some, unfortunately, resulted in wrongful deaths. Such incidents can be life-changing for victims and their families, but there is a way to get financial relief from high medical bills due to the negligence of hotel property owners and managers.

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Examples of Hotel Personal Injuries

Hotels are big places, so it’s not uncommon for management to overlook some maintenance or safety measures. Among the many hotel personal injuries a guest might sustain includes the following:

  • Slip and fall accidents due to slippery floors, uneven surfaces, or unmarked elevations in parking lots, the hotel lobby, common areas, restaurants, and bathrooms
  • Elevator and escalator injuries resulting from poor maintenance
  • Swimming pool incidents due to improper supervision or poor maintenance
  • Gym injuries from defective equipment or poorly-maintained facilities
  • Car accidents in the hotel parking lot due to poor design or carelessness of valets
  • Assault and violence in poorly lit areas or inadequate security

Proving That a Hotel Was Negligent

To succeed in a hotel injury claim for compensation, you must prove that the hotel management, staff, or persons contracted by the hotel, were negligent in performing their duties. To further explain, you must show that the responsible party or parties breached their duty of care, which resulted in injury or death. The four conditions necessary for proving liability include:

  1. Establishing the hotel’s duty of care: A hotel owes a duty of care to its guests and, as such, must ensure their safety, as they are invitees and legally entitled to protection from harm under Title 45, Chapter 768 of The 2021 Florida Statutes. Simply put, a hotel must repair broken tiles, clean up spills, maintain proper lighting, and post warning signs where necessary.
  2. Establishing a breach in its duty of care: If a hotel fails to inspect the premises or maintain a reasonable degree of safety, such as by not repairing broken tiles or cleaning up spills, then the hotel has breached its duty of care that it owes to its guests.
  3. Establishing that the breach caused the injury of a hotel guest: A hotel that fails to address reasonably foreseeable safety concerns can be held liable. For example, if there is a water spill on the floor of the hotel lobby, which the hotel failed to clean and a guest slips and injures him or herself, then the hotel’s breach of a duty of care caused the injury.
  4. Establishing injury or loss of the claimant: For a personal injury lawsuit to succeed, the claimant must have suffered some kind of injury due to the hotel’s negligence or that of another party. Therefore, even if the accident results from someone’s negligence, but there is no injury, then it would be very difficult for a liability lawyer to get compensation.

Types of Damages Available to Hotel Injury Victims

Filing hotel or resort premises liability cases for successful personal injury claims is not easy without an experienced Miami hotel injury claims lawyer. Diamond & Diamond Lawyers in Miami is your best option to get the following types of damages for hotel injury claims:

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Economic Damages

Florida law allows victims to recover economic damages, which are purely financial costs or losses, in a premises liability lawsuit. Therefore, you’ll be entitled to, 

  • Medical bills and future medical expenses
  • Lost wages and future earning capacity
  • Physical therapy
  • Lifelong and specialized care

Non-Economic Damages

Hotel injury victims in Miami may also be eligible to receive non-economic damages, which are non-financial losses, such as,

  • Disfigurement
  • Emotional distress
  • Loss of consortium
  • Loss of enjoyment of life
  • Pain and suffering

What To Do After a Hotel Accident

What Not To Do After a Hotel Accident

  • Do get medical attention immediately
  • Do take many pictures of your injuries.
  • Do record the eyewitness’s information.
  • Do report the accident to the hotel management.
  • Don’t divulge personal or financial information to an insurance company.
  • Don’t attempt to return to normal activities immediately after the hotel accident.
  • Don’t post the latest updates about the hotel accident.
  • Don’t accept the first injury settlement offer from an insurance company without first talking to an attorney.

How Personal Injury Attorneys Can Help After Sustaining a Hotel Injury in Miami

Diamond & Diamond personal injury attorneys do everything necessary to help their clients get the hotel injury compensation they deserve. They undertake the following tasks:

  • Establish what caused the injury and who was responsible
  • Collect evidence to prove the claim
  • Advocate for the victims when the hotel attempts to shift the blame
  • Calculate and secure total compensation for their injuries

Pro Tip

If you suffered a severe injury in a hotel accident, it is recommended to keep track of all your out-of-pocket expenses, including medical costs, therapy costs, lost wages, and other costs associated with your injury.

Call The Top Rated Personal Injury Lawyers in Miami

Modern hotels typically provide tourists and locals with an enjoyable, even luxurious, experience. But serious accidents can happen when hotel management, staff, or contractors breach their duty of care.

If you or your loved ones suffer an injury as hotel guests because of that breach, you have legal rights to compensation for your financial and other losses. Protect your rights with the help of a sympathetic and experienced Diamond & Diamond personal injury lawyer in Miami.

You can find useful information on our site and blog to help you through your dilemma. For example, you will learn that in negligent car accidents, you only have four years from the time of the incident to file a claim. The same thing applies to hotel accident cases, so you don’t have much time to prove your claim.

Contact the legal team of Diamond Law in Miami to get a free case evaluation by calling 1-800-567-HURT. We can protect your legal rights and make a successful personal injury claim. Call us today!

FAQs on Hotel Injury Lawyer

Damages awarded to hotel injury claims will vary from case to case. Some factors that may impact your final award include the ease of establishing liability, the degree of comparative fault (your share in the blame, if any), the extent to which the injury keeps you from working, and the degree to which the injury curtails your enjoyment of life. An experienced Diamond Law Miami personal injury attorney can help you calculate your potential compensation.

Slips, trips, and falls in hotels are the most common accidents, including in Miami. These accidents primarily occur in stairways, bathtubs, balconies, ramps, and parking lots.

Under Florida’s comparative fault provision for damages in tort, you can still recover damages for a hotel injury in Miami, provided the hotel shares at least some of the blame. Your compensation, however, will be reduced based on the percentage of your fault.

Yes. Even if an employer is held vicariously liable for the misconduct of an employee, the employee nevertheless carries his or her own share of liability. This can happen especially if the employee acted independently or purely out of personal motives.

In Florida, you have four years to file a personal injury lawsuit stemming from premises liability.

When hotels in Florida deviate from the relevant standard of care, they can be held liable for negligence if someone gets hurt. To successfully recover compensation based on negligence, it’s necessary to show that the hotel breached their duty of care, that the breach caused your injuries, and that you actually suffered injuries, whether physical, financial, or emotional.