You can get food poisoning, get exposed to your current environment, or exposed to COVID-19. An individual may also be overserved alcohol and wind up going over the side of the ship. Many people on vacation sign up for an adventure – whether it’s zip-lining or some type of tour at your destination or your port of call, and you suffer a serious injury or wrongful death.
When it comes to food poisoning, the cruise line doesn’t want you sick on the ship. They will either quarantine the passenger within their on-board hospital or if the ship is approaching a port of call, they will have the passenger seen at that upcoming port of call.
If it’s severe food poisoning, it may result in having a helicopter come and airlift the passenger off the ship. The fear for the cruise line is, if someone has food poisoning – there may be more passengers who would get the same type of food poisoning. It could lead to an outbreak. Also, food poisoning may not be the correct diagnosis. It could be some type of virus the person was exposed to and their symptoms are presenting as food poisoning when it’s really something worse. Contact the attorneys at Claim Your Justice for a free evaluation of your case/
If it’s food poisoning, where you’re going to be confined to your bed, and symptoms are going to resolve themselves in one or two days – that’s not necessarily a compensable injury. However, you could certainly reach out to an attorney. If there are many other guests who also have food poisoning, then that type of action would be covered by a possible class-action claim.
No matter what kind of personal injury you sustain, it’s important to document the medical care you receive and the names of the professionals providing you the treatment. If you feel ill while on a cruise ship – report it and document the official you talk to, the date and time. As much as we’d like to believe business operators are great at keeping track of reported injuries, my experience has shown me they are not. The attorneys at Claim Your Justice have experience handling claims in Mexico and on cruise lines.
It starts with the terms contained in the waiver and how it relates to injuries sustained if injured while playing. If a player is sliding head-first into second base and injures his shoulder, a waiver would likely preclude that person from making a claim unless the field negligently maintained.
On the other hand, if it’s the recklessness of a person that you’re playing against, then I think you can preserve a claim that may not be precluded by the waiver. For example, the person who was being too aggressive can’t receive the benefit of the waiver, which was signed between the team and the players and the city. Your course of action would be to go after the player who was the cause of your injury and not the city.
People should not speak to an insurance company adjuster. In my experience, I don’t find any benefit for the client. When an adjuster calls, it may be as soon as one (1) day after an accident and they will ask you, “How are you feeling?” and a person might say, “I don’t feel too bad.”
However, as we know, several days after an accident is when you may feel your worst, but the adjuster doesn’t have you saying that on a recording. Instead, they have a recording of you saying, “I don’t feel too bad,” and the insurance company will try and use that against you and question why you have $17,000 in medical bills and treatments
Tell the adjuster you don’t want to do a recording and instead, ask them to send their questions in writing. Tell them you’ll move forward by filling out a form. By putting it in writing and eliminating a recording benefits the injured party – as opposed to benefiting an insurance company. Also, keep in mind, you should never settle a case or sign papers soon after your accident. You can also tell the adjuster to contact your attorney at Claim Your Justice.
You can certainly save your medical documents for your records. However, the staff at Claim Your Justice will request a complete set of your medical records. What’s more important is documenting the names and addresses of doctors you see because we want to make sure the Claim Your Justice file is complete.
A common insurance company strategy is to argue the treatment a client received was excessive and the medical bills are not reasonable. Because of that, the insurance company may argue it shouldn’t have to pay the full amount of the bills. Instead, the insurance company will try and negotiate a reduction on the amount claimed.
The insurance company will send out the medical bills for review. Unfortunately, the review is being paid for by the insurance company and those reviews regularly come back in favor of the insurance company.
We see it often with MRI billing and studies – when a doctor was trying to get a better analysis of a person’s injuries. More often than not, the insurance company argues that the test was unnecessary or over-charged. In the case of an MRI, let’s say it costs $1,200. However, the insurance company’s assessment says it should have cost $600.
As an attorney, I always ask the insurance company to tell me where my client can go for a $600 MRI because I’m unaware of anywhere to send my client for that price. The attorneys at Claim Your Justice fight to collect the maximum amount for your medical bills and pain and suffering.
It depends. A lot of times I hear auto insurance commercial, say, “If you’ve been with us for several years, we won’t increase it for one accident.” I’m skeptical when I hear that, especially when a client is struck by someone with no insurance and there is a loss of $200,000 and the insurance company must pay out – the insurance‘s assurance may not hold for those large claims. For smaller claims, my guess is they would hold for those smaller claims.
For answers to other legal questions you may have, check the Claim Your Justice FAQ page or if you think you may have a case, call us at 847-434-3555.
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