Because of the size of most casinos and the number of employees it has, it is feasible that somewhere, at some time, an accident will happen which is the fault of someone who works at the hotel or casino.
If this happens to you and you have been badly injured, it is best to talk to an experienced personal injury attorney about filing a claim against the casino operators or owners. A successful claim can go a long way towards paying for unexpected medical treatment and lost earnings.
Can You Sue A Casino?
Many casinos are on tribal property or reservations or are operated by Native American groups. When you enter these casinos, the laws of the state where they exist don’t apply any more. Instead, they fall under the rules of the Indian Nation and any lawsuits or legal action must be heard by a tribal court. A tribal court does handle things differently, and there are “caps” or limits how much you can be awarded as a settlement.
To succeed with your claim, you will need to be represented by a personal injury lawyer. However, you will want to make sure this attorney is licensed in the tribal court system. If he or she isn’t recognized to practice law in the tribal courts, they cannot represent you when the case reaches the court level. You must use a tribal lawyer to file a claim against the tribal casino.
While each state has a statute of limitations for pursuing a personal injury claim, the state laws don’t apply to the tribal court. Those time limits are usually much shorter, and if you don’t get your claim filed in a timely manner, you will not be able to recover anything at all from the casino and resort. Be sure to enlist the help of a tribal attorney right away, so they can make sure everything is handled in a timely manner and that you get your claim filed before any deadlines.
If you have been injured on casino or hotel property, you will need to make sure you have legal representation, documentation, and evidence so you can build a strong, convincing case that shows your injuries were the direct result of the negligence of the casino’s employees, such as the failure to properly clean or maintain the premises.
What You Can Claim After an Accident at a Casino
There are several main components in a personal injury claim. Note that states differ in what is allowed. Your attorney can explain how state law works where you are making the claim and how much compensation you should ask for.
Some commonly claimed damages include:
- Pain and Suffering: This would include both physical and mental pain, such as humiliation, embarrassment, and any mental conditions that you may have developed as a result of your accident.
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Punitive damages: These damages are sometimes allowed if whatever caused the accident showed a high degree of negligence. For instance, if you are injured because you tripped over a loose rug that the hotel knew about but deliberately did not fix, you may be able to claim punitive damages.
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Property Damage: This is a payment to replace or repair any damaged property in the accident. For example, if you wear glasses and they were damaged while you were injured, you may be able to claim damages for their repair or replacement.
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Medical Expenses: may take into account not just what has been paid for up to now, but any future costs. It includes medication, a room in a hospital, transport to and from anywhere you need to go for medical treatment, rehabilitation and special equipment, e.g. a wheelchair.
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Lost Earnings: These damages are intended to replace any wages, salary or other earnings caused by not being able to return to work after the accident. As for medical expenses, this component can include future lost earnings.
What To Do If You Are Hurt At a Hotel or Casino
If you are at a casino and you are injured, you should maintain evidence and documentation to protect your rights and to support your claim. If you are physically able to do so, get photos of the accident scene. Be sure to ask any witnesses to provide written statements, and you will also want to get witness names and contact details so they can be contacted later if additional information is needed from them.
You must establish medical care right away. Maintain copies of medical bills and medical records. Also, document missed work and lost wages. Photograph any visible injuries and be sure to maintain documentation of your limitations and restrictions. Check to see if there is a surveillance camera in the area of your fall. If so, it may have caught the entire incident on video and that could be used in support of your personal injury claim. Your lawyer can file a motion in tribal court to have the video from the camera to be taken and used as evidence in the case.
Notify a manager or supervisor at the casino. You will want to make sure they are aware of the accident and what happened. It could help prevent others from being injured in a similar accident. Also, be careful about any offers from the resort and about signing any waivers. Just one mistake could cost you your personal injury settlement.
Increase Your Chance of Success—Hire an Attorney
If you are convinced that the injuries that you may have suffered due to an accident at either a hotel or casino were due to their negligence and are worried about the mounting cost of medical expenses you should certainly consider making a personal injury claim. Suing a casino or hotel isn’t impossible, but you need to make sure you have an accident injury attorney representing you.
Here are some pieces of evidence that can support your claim:
- Medical bills
- Proof of missed work and lost wages
- Photos of the accident scene
- Photos of the injuries
- Medical records
- Statements from witnesses
- Copies of any accident reports
- Video recording from the surveillance cameras
Your lawyer will gather the documentation and evidence that shows your damages and will help you argue your case against the hotel or casino. Don’t wait until it is too late to pursue your claim against the hotel and casino. Personal injury lawyers work on a contingency basis, which means the lawyer isn’t paid until you win your claim and are compensated by the casino. Ask for your free case review today by completing the form on this page today.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Foxwoods, or any other party, you may not be entitled to any compensation.
