My mother was bitten by fleas in a casino at a gaming table, does she have a case to sue?

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My mother was bitten by fleas in a casino at a gaming table, does she have a case to sue?

My mother was bitten by fleas in a casino at a gaming table, does she have a case
to sue? She had to go to the ER with severe swelling on her legs. The casino
acknowledged that they do have a flea problem.

Asked on June 23, 2019 under Personal Injury, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Prior to filing a lawsuit, it may be possible to settle the case with the casino's insurance carrier.
When your mother completes her medical treatment and is released by the doctor, she should obtain her medical bills, medical reports and if applicable, documentation of wage loss. Her personal injury claim filed with the casino's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document her injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the casino's insurance carrier, no lawsuit is filed.
If your mother is dissatisfied with settlement offers from the casino's insurance carrier, she should reject the settlement offers and file a lawsuit against the casino based on premises liability.
If the case is not settled, the lawsuit against the casino must be filed prior to the expiration of the applicable statute of limitations or your mother will lose her rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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